U.S. Court of Appeals for the D.C. Circuit, 1953

King v. Nixon

King v. Nixon
U.S. Court of Appeals for the D.C. Circuit · Decided August 27, 1953 · Edgerton, Fahy, Per Curiam, Washington
207 F.2d 41; 93 U.S. App. D.C. 98 (Federal Reporter, Second Series)

Counsel

Mr. Saul G. Lichtenberg, Washington, D. C., with whom Mr. Ira M. Lowe and Mr. Evan T. Davis, Washington, D. C., were on the brief, for appellant., Mr. William E. Owen, Washington, D. C., for appellee.

King v. Nixon

Cases that cite this one

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Opinion

PER CURIAM.

The District Court rightly ruled that recovery of exemplary or punitive damages, in a civil action for assault and battery, is not precluded by the fact that the defendant may be liable to criminal prosecution, 1 and also that the defendant’s financial condition is admissible in evidence as bearing on the amount of such damages. Brown v. Evans, C.C., 17 F. 912; affirmed, Evans v. Brown, 1883, 109 U.S. 180, 3 S.Ct. 83, 27 L.Ed. 898; notes, 16 A.L.R. 771, 798, 838, 123 A.L.R. 1115, 1122, 1136.

Affirmed.

1

. Language to the contrary in Huber v. Teuber, 1879, 3 MacArthur 484, 497, 10 D.C. 484, is erroneous.

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