Goddard v. Hart

Decided December 15, 1848

Illinois Supreme Court · decided 1848-12-15

Trespass for an assault, brought by the appellees against the appellants in the Stephenson Circuit Court, and heard before the Hon. Thomas C. Browne and a jury at the August term, 1846, when a verdict was rendered in favor of the plaintiffs below for the sum of $534-16 damages. All the facts necessary to the determination of this case are concisely stated by the Court in the Opinion.

Decided 1848-12-15

¶1The Opinion of the Court was delivered by

Treat, C. J.

¶2This was a joint action against husband and wife for an assault. On the trial, the Court admitted evidence of an assault by the husband, in the commission of which the wife did not in any manner participate; and also refused to instruct the jury, that the plaintiffs could not recover damages for the separate assault by the husband. These decisions were clearly erroneous. The recovery in this case could not be pleaded in bar of an action against the husband for the separate assault.

¶3The judgment of the Circuit Court is reversed with costs; and the cause is remanded for further proceedings.

¶4Judgment reversed.