Musick v. Enos

Citations

• 95 Kan. 397
• 148 P. 624

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault and Battery — Measure of Damages — No Prejudicial Error in Instructions. In an action for damages for assault and battery the court inadvertently stated that in such eases damages may be allowed for loss of time occasioned by the physical injuries sustained and for the expense of treating and curing such injuries when there was no claim for nor proof of such damages. The actual damages allowed were fully sustained by the evidence. Held, it will not be assumed that the jury allowed damages not claimed and not proven, and prejudicial error in giving the instruction does not appear.</p> <p>2. Same — Verdict and■ Judgment Sustained. Criticisms of the proceedings examined and held to he without sufficient merit to affect the soundness of the verdict and Judgment.</p>