85 Iowa 669 | Iowa | 1892
There is no dispute that the plaintiff and defendant had a personal encbunter with each other, in which the defendant was the victor, and the plaintiff was considerably injured. The plaintiff claims that the assault was commenced by the defendant, and that it was so brutal that two or three of the plaintiff’s ribs were broken, and he Was otherwise greatly injured. The defendant, in his answer, in addition to a general denial, pleads that the plaintiff first assaulted him in a violent, rude, and angry manner with a loaded revolver, with intent to do great bodily injury to the defendant, and to defend himself the defendant did strike and beat the plaintiff, using no more force than was reasonably necessary to protect and defend himself. It appears that the parties own and reside upon adjoining farms. Two-of the defendant’s horses came upon the plaintiff’s premises in the. night time, and in the morning the plaintiff put them in a pasture, with intent to dis-train them for damages done at that time, and also to hold them, for some alleged damages which other trespassing animals of the defendant had previously done. The defendant went after his horses early in the morning, and very soon after the plaintiff had put them in the pasture, and the parties had a dispute about the amount of damages, and, against the protest of the plaintiff, the defendant went to the pasture and secured' his horses, and attempted to take them away. The plaintiff had a revolver, and at first threatened the defendant, and held the revolver in his hand. After-wards he put the revolver in his pocket, and manifested
We do not understand that counsel for the appellant claim that the evidence was not sufficient to authorize a verdict for the plaintiff. No such claim could be made with any show of success before any court or jury. Indeed the testimony of the defendant alone convicts him of very brutal conduct towards the plaintiff. Even conceding that the plaintiff made an exorbitant claim for damages done by trespassing animals, and that the plaintiff struck the defendant a slight blow at the gate, the punishment inflicted by the' defendant on the plaintiff was far in excess of anything demanded for his defense; and according to his own statement this was continued, and only ceased when the plaintiff’s wife appeared in the defense of her husband. When the defendant struck the plaintiff such a blow as to cause him to turn a “somersault,” that was the time to stop the fight, at least until the plaintiff should show some disposition to renew hostilities. We have given the facts somewhat fully, for the reason that it is claimed with great confidence, and argued with marked ability and ingenuity, that the court committed grave errors in certain instructions to the jury by which the jury were warranted in finding the defendant guilty without regard to the evidence. That part of the charge to the jury which is claimed to be erroneous is as follows:
“Twelfth. If, in the light of the foregoing instructions, and under the testimony, you find for the plain*673 tiff, you will next determine the amount of damages, if any, which you will allow him by reason of the alleged injuries.
“Thirteenth. Such damages embrace the reasonable expenses, if any, incurred for medical treatment necessary by reason of such alleged injuries; the reasonable value of the loss of time, if any, by plaintiff from inability to labor, occasioned by reason of such alleged injuries; and such sum as will fairly compensate the plaintiff for physical pain, if any, suffered by him resulting from the alleged injuries.”
uFifteenth. While there is no testimony before you placing an estimate in dollars and cents as to the amount of damages, if any, sustained by plaintiff by reason of his alleged physical pain, it is your duty to, in the light of the evidence, determine, in the exercise of a fair discretion, what sum, if any, he is entitled to for such pain, and will reasonably compensate him for the alleged physical pain, which he claims to have suffered by reason of the alleged injuries.”
llFighteenth. If you find from the evidence that the defendant struck and beat the plaintiff in a rude, violent, and angry manner, or otherwise injured him, as alleged in said'petition, and that the alleged wrongful acts of the defendant were not done in self-defense or the taking of his property, as explained above, and that such alleged beating, striking and injuring of the plaintiff was done in an ignominious manner before plaintiff’s wife and children, and with intent to injure his person, and for the purpose of gratifying a malicious purpose then you may allow the plaintiff, in addition to compensatory damages, exemplary damages in such an amount as in your discretion you deem necessary and proper to restrain the defendant and others from the commission of like acts in the future; but in no event will your verdict exceed fifteen hundred dollars.”
Our conclusion is that the judgment of the district ■court should be affirmed.