Stewart v. Watson

• Citation: 112 S.W. 762,133 Mo. App. 44
• Parties: STEWART v. WATSON.
• Decision Date: 06 October 1908
• Court: Court of Appeal of Missouri (US)

112 S.W. 762

133 Mo. App. 44

STEWART v. WATSON.

St. Louis Court of Appeals. Missouri.

October 6, 1908.

1. EVIDENCE — RELEVANCY — REPUTATION OF PARTIES.

In civil actions, the reputation of neither party is usually in issue, and it cannot be attacked, unless it is first supported by the adversary or is placed in issue by the nature of the action, as in actions for libel, slander, or malicious prosecution, in which cases the value of reputation is considered in assessing the damages.

2. ASSAULT AND BATTERY—EVIDENCE—REPUTATION OF DEFENDANT—ADMISSIBILITY.

Where, in assault and battery, no evidence of the reputation of defendant for peaceableness was offered, evidence that his reputation was bad was inadmissible.

3. TRIAL—EVIDENCE—OBJECTIONS — TIME FOR MAKING.

Where, in assault and battery, defendant did not object to questions as to whether a witness knew the reputation of defendant as to

peace and quietude, and whether that reputation was good or bad, until after the questions had been answered, the objection came too late; a question which discloses that the answer will be incompetent requiring a prompt objection.

4. ASSAULT AND BATTERY—PETITION—GENERAL DAMAGES.

Where the petition in assault and battery charges a willful and unprovoked assault and a beating and wounding, plaintiff's humiliation, bodily pain, and mental anguish are elements of general damages, and recoverable as such.

5. SAME.

Under a general allegation of assault and battery, plaintiff may recover such damages as naturally result from the act complained of.

6. SAME—DAMAGES—MENTAL DISTRESS.

In actions for assault and battery, the jury may consider, not only the mental distress which accompanies and is a part of the bodily pain, but also that other condition of the mind of the person injured, which is caused by the insult of the blows received and tends to humiliation.

7. DAMAGES—GROUNDS—PRESUMPTIONS.

The law infers bodily pain and suffering, injury to the feelings, and mental anguish from personal injury.

Appeal from Circuit Court, New Madrid County; Henry C. Riley, Judge.

Action by Jesse Stewart against Bob Watson. From a judgment for plaintiff, defendant appeals. Affirmed.

W. H. Miller, for appellant. J. V. Conran, for respondent.

NORTONI, J.

This is a suit for damages alleged to have accrued to the plaintiff because of an assault and battery upon him by the defendant. Plaintiff recovered in the circuit court, and the defendant appeals.

The evidence tended to prove that the defendant, without reasonable cause therefor, or upon very slight provocation, at most, assaulted the plaintiff and beat him into insensibility. He remained unconscious from about 5 o'clock in the afternoon until about 5 o'clock the following morning. The plaintiff suffered great physical pain and mental anguish, as well as humiliation and insult, from the assault and injuries received. He paid out a considerable amount for medicines and medical attendance. The jury assessed his damages at, and awarded him a verdict for, $750. There is no complaint leveled against the sufficiency of the evidence, nor the amount of recovery.

The first assignment of error relates to the reception of evidence pertaining to the character and reputation of the defendant. Plaintiff's counsel propounded a question, inquiring as to whether the witness was familiar with the general reputation of the defendant in the community as to being a quarrelsome, dangerous, violent, and turbulent man. To this question the witness answered: "Yes, sir." Plaintiff's counsel then inquired: "Is that reputation good or bad?" Witness answered: "It is bad." After these two questions had been propounded, and answers thereto received, defendant's counsel objected to the evidence as being wholly incompetent and irrelevant. The objection was overruled, and exception saved. It is certain that in actions of this nature, and in civil actions generally, the character of neither party is in issue, and cannot be the subject of attack, unless it is first supported by the adversary or placed in issue by the nature of the proceeding itself. In civil actions, character and reputation is put at issue only by the nature of the proceeding in that class of cases, such as libel, slander, malicious prosecution, etc., in which its value is to be considered in assessing the damages. Vawter v. Hultz, 112 Mo. 633-639, 20 S. W. 689; 2 Amer. & Eng. Ency. Law (2d Ed.) 1001, 1002. There had been no...