Burger v. Covert

Citations

• 75 Wash. 528
• 135 P. 30
• 1913 Wash. LEXIS 1744

Syllabus

<p>Assault and Battery — Damages — Elements — Aggravation— Mental Suffering. In case of an assault and battery accompanied by abusive language, mental suffering and mortification from the insult and indignity arising from the assault and the abusive language is a proper element of damages as an aggravation of the wrong, the same being not punitive, but compensatory.</p> <p>Continuance — Amendment of Pleading — Prejudice. A continuance on allowing a trial amendment is not a matter of right; and it is not error to deny a continuance, on allowing a complaint for assault and battery to be amended so as to include an element of aggravation of damages by the use of abusive language, where there was no showing of prejudice.</p> <p>New Trial — Surprise—Evidence—Diligence. In an action for an assault and battery, plaintiff’s evidence that his face was scratched cannot be legal ground for surprise, entitling the defendant to a new trial, where the evidence was competent under the pleadings, and there was no showing of diligence to obtain defendant’s newly discovered evidence to meet it at the trial.</p>