75 Pa. Super. 533 | Pa. Super. Ct. | 1921
Opinion by
The plaintiffs recovered a verdict of $500 for Cassie McLaughlin, and $575 for William McLaughlin, in the court below, as damages for injuries sustained by reason of an assault and battery on Mrs. McLaughlin by agents of the defendant company, in forcibly removing from
There was no misstatement in the court’s narrative of the facts, and all was fairly and fully submitted to the jury. The conduct of Zerbey and Reilley could not be characterized in more fitting term than as a wanton and reckless disregard of the rights of the McLaughlins. As in McClung v. Dearborne, 134 Pa. 396, the acts complained of by the plaintiffs were committed in the course of, and as a means to the accomplishment of that for. which they were sent, and the orders to retake the machine were complied with in an unjustifiable and outrageous manner: Traction Co. v. Orbann, 119 Pa. 37. As to the rights to recover punitive damages, see Tyler v. Phila. Ritz-Carlton Company, Henderson, judge, 75 Pa. Superior Ct. 353.
The judgment is affirmed.