McLaughlin v. Singer Sewing Machine Co.

Citations

• 75 Pa. Super. 533
• 1921 Pa. Super. LEXIS 57

Syllabus

<p>Assault and battery — Betaking possession <of sewing machine— Undue violence — Constable—Agency—Charge of court — Punitive damages.</p> <p>In an action for damages for assault and battery by an agent of the defendant, committed while retaking possession of a sewing machine leased on a bailment lease, the case is for the jury and a verdict -will be sustained, where evidence is produced that the agent, with the assistance of a constable, used undue force and violence in accomplishing his purpose.</p> <p>In such ease, a charge of the court which reviews the testimony without any misstatement of the facts and fairly submits them to the jury is without error.</p> <p>Where the injuries complained of are the results of reckless indifference to the rights of others, which is equivalent to the violation of the same, the jury may find punitive damages.</p>