Shore v. Shore

Citations

• 111 Kan. 101
• 205 P. 1027
• 1922 Kan. LEXIS 184

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault and Battery — Erroneous Findings and Verdict — Duty of Trial Court. When reviewing a verdict or special finding, the district court acts according to its own independent judgment, and should set aside either or both when satisfied the jury has not properly discharged its function.</p> <p>2. Same — No Punitive Damages Without Actual Damages. Punitive damages are never more than an incident to a cause of action for actual damages, nominal damages will not sustain a verdict'for punitive damages, and punitive damages, when allowed, are allowed only in addition to recovered substantial actual damages.</p> <p>3. Same — Malice. The fact that the defendant in an action for damages for assault and battery was actuated by malice in striking the plaintiff,, will not sustain a verdict for punitive damages, when no actual damages were awarded.</p> <p>4. Same — Motion of Defendant for Judgment Notwithstanding Verdict Should Have Been Allowed. In an action for damages for assault and battery, the jury found the plaintiff sustained no actual damages, found the plaintiff should be awarded the sum of $1,000 as punitive damages, and returned a verdict in favor of the plaintiff for $1,000. The court set aside the finding relating to actual damages, and rendered judgment on the verdict. The plaintiff did not ask for a new trial. Held, the defendant’s motion for judgment in his favor, notwithstanding the verdict, should have been allowed.</p>