Townsend v. Seefeld

Citations

• 102 Kan. 302
• 169 P. 1157
• 1918 Kan. LEXIS 33

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Malicious Assault — Damages—Instructions. The instructions given, none being requested by the defendant, sufficiently covered the issues between the parties and fairly stated the law.</p> <p>2. Same — Evidence—Findings—“Smart Money.” The findings, in accordance with the evidence of the plaintiff, convicted the defendant of such malicious and oppressive conduct as justly to render him liable to the imposition of smart money.</p> <p>3. Same — Actual Damages — Mental and Physical Suffering. The allowance of actual damages was properly based on physical and mental suffering caused by the defendant’s conduct, and not alone on nervous shock.</p> <p>4. Same — Injuries Result of Assault. While the plaintiff received from the defendant no wound or bruise, the result of his conduct was a miscarriage accompanied with very severe pain. Held, that such result cannot be classed as mental suffering.</p> <p>5. Same — Financial Condition of Defendant — Proper Subject of Inquiry. It was proper to inquire into the financial condition of the defendant to the end that the finding as to punitive damages might be intelligently made.</p>