Corcoran v. Harran
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewmmee-County. This was a civil action for an assault and battery, and was commenced in justice’s court, where plaintiff recovered a judgment for $100 damages. Defendant appealed to the circuit court. On the trial there, certain portions of the instructions given to the jury were excepted to by the defendant. Two of these portions are fully recited in the opinion.
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APPEAL from the Circuit Court for Kewmmee-County. This was a civil action for an assault and battery, and was commenced in justice’s court, where plaintiff recovered a judgment for $100 damages. Defendant appealed to the circuit court. On the trial there, certain portions of the instructions given to the jury were excepted to by the defendant. Two of these portions are fully recited in the opinion. The others were as follows: (3) “You should consider the case fairly and candidly and give the plaintiff such amount as you think reasonable and just under the circumstances.” (4) “ If you believe…
1Opinion of the CourtCassoday, J.
1. It is urged as error that the court, among other things, charged the jury that “ personal abuse, which may have had something to do with inducing and bringing upon another an assault, may be considered by a jury in mitigation of damages. But a man commencing an assault and battery under such circumstances is liable for the actual damages which result from such assault. The abusing words are no justification for the blows, and may be considered, as I have said, in mitigation of damages, but not actual damages.” This portion of the charge is clearly within the rule recognized and followed in…
2Cases cited36 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
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3Cited by33 opinions
- Powers v. Allstate InsuranceWisconsin Supreme Court · 1960
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Campbell v. SutliffWisconsin Supreme Court · 1927
- Marriott v. WilliamsCalifornia Supreme Court · 1908
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
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