Ward v. White

Citations

• 86 Va. 212
• 9 S.E. 1021
• 1889 Va. LEXIS 28

Syllabus

<p>1. Evidence—Res gestee—_l«saicfi and battery—Mitigation—Case at bar.—In action for assault.and battery, evidence that plaintiff had on the day before the assault took place published of defendant a gross insult, causing the assault, held, admissible as part of the res gestee and in mitigation of damages.</p> <p>2. Damages—Jury—Men: trial.—In actions for personal torts, and actions generally sounding in damages, it is the province of the jury to estimate the injury, and the court will not interfere, unless there be a manifest abuse.</p>