Bannister v. Mitchell
Bannister v. Mitchell
Opinion of the Court
delivered the opinion of the court.
Lucy Mitchell recovered a judgment for $650 against William Bannister as damages for assault and battery. He assigns error in the instructions.
It is conceded that this instruction is correct as an abstract proposition of law (Borland v. Barrett, 76 Va. 133, 44 Am. Rep. 152), but it is claimed that no assault of a grievous or wanton nature is shown by the evidence in this case.
It is either conceded, or appears from the evidence introduced in behalf of the plaintiff, that the defendant had an altercation and affray with the plaintiff’s brother, who was a small one-legged man, older than the defendant, and that the altercation commenced while her brother was standing
Under .these facts, we have no doubt whatever that the plaintiff was entitled to have the instruction which is complained of.
In Wagner v. Gibbs, 80 Miss. 53, 31 So. 434, 92 Am. St. Rep. 598, where it was urged that there was no evidence in the case to justify the infliction of punitive damages, it was said: “It does appear that after the assault was committed, appellant appeared before a magistrate and pleaded guilty to the offense, under an affidavit which charged that the assault and battery were committed, ‘wilfully, maliciously, and unlawfully.’ Appellant contends, however, that the conviction is only evidence of the conviction itself, and not ’of the substantive offense charged. The authorities cited by hia
So, in the case in judgment, the plea of guilty, together with the evidence introduced in behalf of the plaintiff, are sufficient to show that the use of his knife by the plaintiff, under the circumstances, was entirely unnecessary for his own defense; that he was the aggressor in unnecessarily continuing the affray, and that the wounding of the plaintiff with his knife, under the circumstances, constituted a wanton and grievous assault, for which the jury might impose punitive damages.
Upon the merits of the case the verdict is fully justified by the evidence, and we find no reversible error in the proceedings.
Affirmed.
Reference
- Cited By
- 18 cases
- Status
- Published
- Syllabus
- 1. Assault a.nd Battery—Exemplary Damages—Actual Malice.— Whenever an assault is of a grievous or wanton nature, manifesting a wilful disregard of the rights of others, actual malice need not be shown to entitle the aggrieved party to exemplary damages; and, whilst the existence of malice may be shown in aggravation of such damages, its absence does not defeat the right to their recovery. 2. Assault and Battery—Exemplary Damages—Actual Malice— Instructions—Case at Bar.—In the instant case, a civil action for assault and battery, defendant had an altercation and affray with plaintiff’s brother, who was a small one-legged man, older than defendant, and after plaintiff’s brother had been pushed off the running board of an automobile by the brother of defendant, defendant and his brother left the automobile and defendant renewed the fight. Plaintiff came to the assistance of her brother, striking defendant with a lady’s umbrella, and the defendant cut plaintiff with his pocket knife. Defendant was indicted and pleaded guilty to the assault. Held: That the wounding of the plaintiff, under the circumstances, constituted a wanton and grievous assault and warranted an instruction embodying the proposition of law contained in the first syllabus. 3. Assault and Battery—Exemplary Damages.—By the weight of authority the rule is that exemplary or punitive damages may be recovered for a wanton or a malicious assault. The amount of damages which may be awarded is largely in the discretion of the jury, the court having the right to set aside the verdict if the jury awards an unreasonable amount. 4. Assault and Battery—Exemplary Damages.—The allowance of exemplary damages seems to be especially applicable in actions for assault and battery, though sometimes in practice it seems to be a matter of little consequence. Compensatory damages in such cases include an allowance for mental suffering, and for the indignity and disgrace to which the plaintiff is subjected by the defendant’s assault, so that, in assessing damages in such cases, the juries may fail to appreciate the distinction between compensatory damages for wounded feelings, malice, insult, etc., and exemplary damages for punishment to the defendant. There being no rule for computing such damages, the distinction may be of slight consequence. 5. Assault and Battery—Exempla/ry Damages—Evidence—Plea of Guilty in Criminal Prosecution—Case at Bwr.—In the instant case, a civil action for assault, defendant’s plea of guilty in a criminal prosecution for the same assault, together with the evidence introduced' in behalf of the plaintiff, were sufficient to show that the use of his knife by the plaintiff, under the circumstances, was entirely unnecessary for his own defense; that he was the aggressor in unnecessarily continuing the affray, and that the wounding of the plaintiff with his knife, under the circumstances, constituted a wanton and grievous assault, for which the jury might impose punitive damages. . 6. Instructions—Repetition.—Where the defense relied upon was fairly presented to the jury in the instructions given by the court, the refusal of other instructions embodying the same defense is not error. 7. Assault and Battery—Civil Action—Intent.—In the instant case defendant claimed immunity upon the ground that the cutting was accidental, that he intended to cut the plaintiff’s brother, and that plaintiff got in the way. Held: It was not essential, in a civil suit for damages, that there be an intent to injure the particular person who is injured. 8. - Assault and Battery—Intent.—It is clear that where one commits a wanton, reckless and dangerous act, which may result in injury to any one of a number of others, such as shooting into a crowd, he is guilty of assault and battery, though he has no specific intention to injure any particular person. 9. Criminal Law—Intent.—Every person is liable for the direct, natural and probable consequence of his acts, and that every one doing an unlawful act is responsible for all of the consequential results of that act. So that, if two persons mutually engage in a duel in the public streets, and a passer-by is hit, though unintentionally, both will be held guilty as principals.