Harrison v. Ely

Citations

• 120 Ill. 83
• 11 N.E. 334

Syllabus

<p>1. Assault and battery—in what the offence consists. If one be assaulted by another, an assault being a violent attempt, coupled with a present ability, to do a bodily injury, and a battery actually occurs, the offence of assault and battery is complete, and an action lies therefor.</p> <p>2. An instruction in an action of trespass for an assault and battery, told the jury, that if they believed, from the evidence, that the defendant wrongfully and in an angry manner assaulted the plaintiff, and pushed and threw her against a lounge, and thereby fractured one of her ribs, and bruised her, etc., they should find the defendant guilty, etc.: Held, that the instruction stated the law with substantial accuracy.</p> <p>3. Measure of damages—personal injury, willfully inflicted—exemplary damages. In case of an unprovoked assault and battery, resulting in a serious personal injury to the plaintiff, when the injury is wantonly, maliciously and willfully inflicted, the jury may award to the plaintiff exemplary damages in addition to the actual damages, by way of punishment to the wrongdoer, if they think the evidence justifies it.</p> <p>4. Same—former decision—distinguished. In the case of Wabash, St. Louis and Pacific Railway Co. v. Rector, 104 111. 296, it was held error to instruct the jury that the plaintiff was entitled to exemplary damages. In that case it is conceded that the jury might, in a proper case, have given punitive damages, while in this case the jury were not instructed to give such damages as a matter of right, but only that they might do so.</p>