Littledike v. Wood

This is an action brought to recover damages for an assault and battery. The case, as claimed by the appellant, grew out of a mutual combat between the respondent and the appellant. Respondent claimed both compensatory and punitive damages. The jury awarded him $2,500 compensatory but no punitive damages. The court overruled appellant’s motion for a new trial on condition that the respondent remit $1,000 from the verdict and judgment. Such amount was remitted. The appellant appeals from the judgment.

The principal complaint is this: On the question of damages the court charged the jury that…