Prindle v. Haight
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action was brought by the plaintiff’s intestate, in his lifetime, to recover damages for an alleged malicious'assault and battery committed upon him by the defendant.
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APPEAL from the Circuit Court for Dane County. This action was brought by the plaintiff’s intestate, in his lifetime, to recover damages for an alleged malicious'assault and battery committed upon him by the defendant. The defendant, in his answer, denies' the malice charged, and sets out at considerable length certain alleged malicious acts of. the plaintiff’s intestate towards him, which it. is claimed were deliberately planned to exasperate the defendant to commit the assault complained of. Most of these acts were alleged to have been committed during the year preceding such assault. These…
1Opinion of the CourtLyon, C. J.
On this appeal we shall go into no extended discussion of the rules of pleading and evidence applicable to actions to recover damages for personal injuries maliciously inflicted. If there be a recovery in this action at all, it must be for full compensatory damages; that is, the actual damages resulting from the injury complained of, without diminution by reason of acts of provocation not amounting to a justification of the assault. This rule was long since settled in this state. The cases on the subject are collected in Grace v. Dempsey, 75 Wis. 313. If the assault was malicious, the jury…
2Cases cited2 opinions
- Grace v. DempseyWisconsin Supreme Court · 1889
- Sloteman v. MackWisconsin Supreme Court · 1884
3Cited by1 opinion
- Ulrich v. SchwarzWisconsin Supreme Court · 1929