Perovich v. Domansky

Citations

• 231 Pa. 66
• 79 A. 877
• 1911 Pa. LEXIS 793

Syllabus

<p>Negligence — Damages—Compensatory or punitive damages — Wanton assault.</p> <p>In an action for personal injuries inflicted upon a boy nine years of age it is not error for the court to refuse to instruct the jury that plaintiff’s recovery should be restricted to compensatory damages where it appears from defendant’s evidence that his son and the plaintiff, who were near the same age, had quarreled on the street, and that fifteen minutes after being informed of the occurrence, while seated in front of his house reading a newspaper, he perceived the plaintiff across the street, and went over where he was; and a witness to the occurrence called by plaintiff testified that the defendant seized the boy by the neck and threw him violently against an iron slot machine, and at the same time kicked him.</p>