Housman v. Peterson
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. In Banc. Statement by Mr. Justice Benson. This is an action by J. H. Housman against J. H. Peterson, for damages for personal injuries resulting from assault and battery.
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From Multnomah: George N. Davis, Judge. In Banc. Statement by Mr. Justice Benson. This is an action by J. H. Housman against J. H. Peterson, for damages for personal injuries resulting from assault and battery. The complaint charges, in substance, that on March 24,1914, defendant, without cause or provocation, willfully and maliciously assaulted and beat the plaintiff; that the blows so received caused the blood to settle in and around plaintiff’s eyes, and cut and wounded plaintiff’s nose, causing a permanent scar thereon; that by reason thereof plaintiff suffered bodily pain, humiliation…
1Opinion of the CourtJustice Benson
1. The first two assignments of error are based upon the refusal of the trial court to instruct the jury that plaintiff could not recover for medical services because no evidence was offered as to the value thereof. The instructions given upon this point were as follows:
‘ ‘ Those damages are known as compensatory damages, and if you find from the evidence that the plaintiff lost anything from his inability to carry on his usual work and employment, and if you find any sum or sums for medical attendance or nursing, allow him such an amount as you find from the evidence that he has expended. As…
2Cases cited3 opinions
- Tuohy v. Columbia Steel Co.Oregon Supreme Court · 1912
- Fenelon v. ButtsWisconsin Supreme Court · 1881
- Osler v. WaltonSupreme Court of New Jersey · 1901
3Cited by5 opinions
- Penn v. HendersonOregon Supreme Court · 1944
- Sorenson v. KribsOregon Supreme Court · 1916
- Beville v. Mac K. Falls, Inc.Court of Appeals of Oregon · 1980
- Fischer v. HowardOregon Supreme Court · 1954
- Fischer v. HowardOregon Supreme Court · 1954