Barbee v. Reese

Citations

• 60 Miss. 906

Syllabus

<p>1. Damages. Injuries to pregnant woman. Violent demonstrations of drunken man. Case in judgment.</p> <p>While B., a married woman, far advanced in pregnancy, was sitting quietly in her house, near an open window, R. in a state of intoxication approached her, cursing and threatening to shoot her, and entered her house, still continuing his curses and threats. B.’s husband being absent she became frightened and fled from her home. In her flight she climbed, and jumped or fell from, a fence. Three days afterwards she was delivered, at great danger to her life and after excruciating suffering, of a dead child. ' Subsequently she brought an action' against B. to recover damages for the injuries alleged to have been produced by his conduct. The evidence showed, almost beyond doubt, that the premature delivery ana death of the fcetus were the results of B.’s demonstrations against the plaintiff. The jury rendered a verdict for the defendant, and the court below refused to set it aside. Held, that the. verdict was wrong and did great injustice to the plaintiff.</p> <p>2. Same. Measure thereof. Whether nominal or not.</p> <p>In the case above stated the plaintiff is entitled to recover much more than../ , nominal damages.</p>