Stone v. Turner
Supreme Court of Iowa
Appeal from Hancock District Court. — C. II. Kelley, Judge. Action at law to recover damages for willful and malicious injuries. Defense a general denial, and a plea that the injury was purely accidental. Trial to a jury, and verdict for plaintiff in the sum of $428.46, $300 of which was for the injury to the minor, and the remainder, awarded his father for expenditures. On plaintiff’s motion, a new trial was awarded, largely on the ground of the inadequacy of the verdict.
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Appeal from Hancock District Court. — C. II. Kelley, Judge. Action at law to recover damages for willful and malicious injuries. Defense a general denial, and a plea that the injury was purely accidental. Trial to a jury, and verdict for plaintiff in the sum of $428.46, $300 of which was for the injury to the minor, and the remainder, awarded his father for expenditures. On plaintiff’s motion, a new trial was awarded, largely on the ground of the inadequacy of the verdict. The appeal is from the ruling on the motion.—
1Opinion of the CourtDbemer, J.
New trial : eqSacyoi'vOT-' diet m tort case. Clarence Stone, at the time this action was commenced, was a minor, and the suit was brought by his father, to recover damages for the injuries received by .his minor son, and also to recover the expenses J ^ incurred by him (the father), due to the jnjury received by the son. The charge was that defendant, also a minor, willfully and maliciously discharged a loaded gun at and'into the face and eyes of the minor son, whom we shall hereafter call plaintiff, with the willful intent of injuring him, and that, as a résult, his left eye was destroyed,…
2Cases cited4 opinions
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Ward v. Marshalltown Light, Power & Railway Co.Supreme Court of Iowa · 1906
- Hubbard v. Town of Mason CitySupreme Court of Iowa · 1884
- Kinser v. Soap Creek Coal Co.Supreme Court of Iowa · 1892
3Cited by9 opinions
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Cowan v. FlannerySupreme Court of Iowa · 1990
- Henrich v. OppedalSupreme Court of Iowa · 1957
- Leake v. AzingerSupreme Court of Iowa · 1932
- Rawle v. McIlhennySupreme Court of Virginia · 1934
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