Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 41

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ... the midst of the commotion, the defendant came into the yard and being" enraged at the escape of the convicts, seized a clapboardl and struck the plaintiff three or four times over the should-ers and back. This does not impress us as a proper case for the inflic tion of exemplary damages or smart money. An employer who, in afit of passion, assaults his servant for a neglect of duty, thereby commits a breach of the peace and an actionable-wrong. But if, making due allowance for the infirmities of human temper, the defendant has a reasonable excuse, arising from the provocation or fault of the plaintiff, but not suflicient to justify entirely the act done, then damages-ought not to be assessed by way of punishment and the cir-cumstances of mitigation should he considered. For the public offense, Massey swore out a warrant, up-on which Ward was arrested, arraigned, pleaded.guilty, was fined $10 and costs and paid the same. i For the private injury this action is prosecuted. And theelements of damages are, the personal indignity involved in the assault, the plaintiff's bodily pain and suffering, loss of' time and labor, and diminished capacity to work from thedate of the assault to Massey's death, and the expenses of' medical and surgical attendance during l1lS injuries conse-quent upon the 'injuries received. Uushman v. Waddell, 1 Baldwin, 59, was an action by a schoolmaster against a parent for a severe beating. The plaintifi' had punished one of his pupils for some offense. The father went to the plaintifi's hoarding-house, attacked. and beat him savagely, accompanied by very intemperate and vindictive language and other circumstances of aggravation The court held that no provocation could excuse...
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Product details

  • Paperback
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236779827
  • 9781236779823