Legal Opinion

Guengerech v. Smith

Supreme Court of Iowa

Decided July 25, 1872PublishedCited by 8 opinions

Appeal from Washington District Court. Action to recover damages for an assault and battery, Jury trial; verdict and judgment for $150, for plaintiff. The defendant appeals. See opinion for further facts.

1Opinion of the CourtCole, J.

Upon the trial, “ the court, against the objed tions of the defendant, permitted the plaintiff to prove the pecuniary condition and financial ability of defendant, for the purpose of being considered by the jury in estimating exemplary damages.” And also instructed the jury, “that, in considering to what extent the example of the defendant might have an influence on others, they were at liberty to consider his fortune and position in society.” Due exceptions were taken; and these rulings are assigned as error.

It was said by Wright, J., in delivering the opinion of this court, in Hunt v. The…

2Cases cited2 opinions

  1. Kniffen v. . McConnellNew York Court of Appeals · 1864
  2. Karney v. PaisleySupreme Court of Iowa · 1862

3Cited by8 opinions

  1. Hall v. Montgomery Ward & Co.Supreme Court of Iowa · 1977
  2. Coleman v. AllenSupreme Court of Georgia · 1888
  3. Bailey v. BaileySupreme Court of Iowa · 1895
  4. Watson v. WatsonMichigan Supreme Court · 1884
  5. Bailey v. DodgeSupreme Court of Kansas · 1882

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