Taylor v. Gumpert
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Henry W. Wells, Judge; Whether there was actual or express malice was a question for the jury, and instructions which take away this question from the jury are erroneous. 56 Ark. 494-501; Id. 94-98. The burden of proving malice is on the plaintiff.
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Appeal from Drew Circuit Court; Henry W. Wells, Judge; Whether there was actual or express malice was a question for the jury, and instructions which take away this question from the jury are erroneous. 56 Ark. 494-501; Id. 94-98. The burden of proving malice is on the plaintiff. Newell on .Slander, 827, 323; 129 S. W. 807. Where express malice on the part of the defendant is not shown by the evidence, exemplary or punitive damages can not be recovered. 25 Cyc. 536 (b) (1) ; Id. 539 (5); 56 Ark. 94. The award of $300 for compensatory damages was contrary to the evidence. In estimating…
1Opinion of the CourtTrauenThae, J.
This is an appeal from a judgment awarding damages for slander. It was alleged that the slanderous words were uttered and spoken of and concerning Mrs. Agnes Gumpert, the plaintiff below, and the jury returned a verdict in her favor for $300 compensatory and $100 punitive damages. A number of witnesses testified upon the trial of this case, but the appellant has failed to set out the testimony of these witnesses in his abstract. As has been reepatedly held by this court, we indulge the presumption that the testimony adduced upon the trial of a case is sufficient to sustain the verdict of the…
2Cases cited5 opinions
- Miller v. StateSupreme Court of Arkansas · 1910
- Murray v. GalbraithSupreme Court of Arkansas · 1910
- Murray v. GalbraithSupreme Court of Arkansas · 1908
- France v. ShockeySupreme Court of Arkansas · 1909
- Clampett v. StateSupreme Court of Arkansas · 1909
3Cited by14 opinions
- Fort Smith & Van Buren District v. ScottSupreme Court of Arkansas · 1912
- A. D. Luster, A's Fishhouses, Inc. v. Retail Credit CompanyCourt of Appeals for the Eighth Circuit · 1978
- Dunaway v. TrouttSupreme Court of Arkansas · 1960
- Van Poole v. Nippu Jiji Co.Hawaii Supreme Court · 1937
- Lile v. MatthewsCourt of Appeals of Arkansas · 1980
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