Sundgren v. Stevens

Citations

• 86 Kan. 154
• 119 P. 322
• 1911 Kan. LEXIS 200

Syllabus

<p>syllabus BY THE COURT.</p> <p>.1. Damages — Assault and Battery — Verdict — Inadequate Amount. In an action for damages for assault and battery the testimony showed that the defendant, without legal justification, struck the plaintiff in the face, causing some injury to the nose and profuse bleeding therefrom, followed for oyer two months by pain and clogging up of the nose. The defendant admitted the assault and introduced no evidence. The court instructed the jury that if they found that the plaintiff had been unlawfully assaulted and beaten they should allow reasonable compensation. The jury found for the plaintiff and assessed his damages at $1 — 50 cents for physical pain and 50 cents for insult and indignity. Held, that the verdict should be set aside for inadequacy.</p> <p>3. Jury — Verdict—Contrary to Evidence. While the jury are the exclusive judges of the credibility of the witnesses they are not authorized arbitrarily or from partiality or caprice to disregard uneontradicted and unimpeached testimony or facts shown beyond question both by testimony and by admission.</p>