Scott v. Hamilton

Citations

• 71 Ill. 85

Syllabus

<p>1. Measure op damages—assault and battery. In cases of assault and battery it is impossible to estimate precisely the measure of damages which will repair the injury. To a great extent it is a matter of sentiment and feeling, under the guidance of sound judgment, duly weighing all the circumstances of the case.</p> <p>2. Excessive damages—assault and battery. A verdict for §1250 was not regarded as exceeding rational bounds in an action of trespass to the person, where there was no justification for the beating inflicted by two persons upon the plaintiff, and it appeared to have been severe. As mere compensation for the physical injury, the damages may be large, but when it is considered that the jury had a right to award punitive damages, the court was not prepared to say the damages were excessive.</p>