Donnelly v. Harris
Illinois Supreme Court
Appeal from the Circuit Court of Jo Daviess county; the Hon. Benjamin R Sheldon, Judge, presiding. This was an action of trespass vi et armis and for false imprisonment, brought by Bernard Donnelly, in the Jo Daviess Circuit Court, to the March Term, 1862, against Robert S. Harris, Daniel S. Harris and John C. Hawkins. The declaration contained two counts, one for a false imprisonment and the other for an assault and beating of plaintiff.
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Appeal from the Circuit Court of Jo Daviess county; the Hon. Benjamin R Sheldon, Judge, presiding. This was an action of trespass vi et armis and for false imprisonment, brought by Bernard Donnelly, in the Jo Daviess Circuit Court, to the March Term, 1862, against Robert S. Harris, Daniel S. Harris and John C. Hawkins. The declaration contained two counts, one for a false imprisonment and the other for an assault and beating of plaintiff. Defendants filed a plea of not guilty. On the trial, it appeared that plaintiff and defendants got into an altercation near the recruiting office, in…
1Opinion of the CourtChief Justice Walker
It is insisted that the court below erred in modifying plaintiff’s fifth instruction before it was given. As asked, it was this:
“ The jury are instructed that words spoken are no istification for blows, and that the words proved to have bee! spoken, are no justification for the arrest and imprisonment of the plaintiff.”
The court modified the instruction as follows: “but they may be considered by the jury in mitigation of damages,” and gave it as so modified.
Had this modification been limited to exemplary damages it would have been correct, but it may well have been understood by the jury as…
2Cited by14 opinions
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