Ward v. Ward
Supreme Court of Iowa
Appeal from Johnson Circuit Cowrt. Action to recover damages sustained by plaintiff by reason of personal injuries inflicted by defendant upon her by a willful and malicious assault. There was a verdict and judgment for plaintiff. Defendant appeals. In estimating damages the jury should be restricted to the injury sustained by the plaintiff, alone; they are not allowed to consider its effect upon others.
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Appeal from Johnson Circuit Cowrt. Action to recover damages sustained by plaintiff by reason of personal injuries inflicted by defendant upon her by a willful and malicious assault. There was a verdict and judgment for plaintiff. Defendant appeals. In estimating damages the jury should be restricted to the injury sustained by the plaintiff, alone; they are not allowed to consider its effect upon others. (Hendrickson v. Kingsbury, 21 Iowa, 379.) While a recovery for a personal injury may operate in some degree as a punishment which results from the redress of a private wrong, it nevertheless…
1Opinion of the Court
Beck, J. —
The giving of the following instruction, which was applicable to the evidence, is made the ground of the only objection to the judgment urged before us:
“ If you find from the evidence that the defendant assaulted, beat and bruised the plaintiff in an ignominious manner, openly in the public highway, with intent to injure her person, and for the purpose of gratifying a malicious purpose, then you may allow her additional exemplary or vindictive damages in any amount in your discretion proper or necessary to restrain the defendant and others from the commission of like acts in the…
2Cases cited3 opinions
- Bailey v. DeanNew York Supreme Court · 1848
- Anthony v. GilbertIndiana Supreme Court · 1837
- Way v. Illinois Central R. R.Supreme Court of Iowa · 1872
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- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Butcher v. PetranekMontana Supreme Court · 1979
- Ramsbacher v. HohmanMontana Supreme Court · 1927
- Harley v. LindemannWisconsin Supreme Court · 1906
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