Opinion
Gen. No. 9,607. (Abstract of Decision.)
Opinion filed October 29, 1948 Released for publication November 24, 1948
DAMAGES, § 665 — erroneous instruction in action for assault and battery. In action for damages based upon assault and battery, instructing for plaintiff that if jury found that assault was wilful and wanton it would be jury's duty to award plaintiff not only actual damages but also a sufficient sum as punitive damages to deter defendant in future from injuring plaintiff or others was reversible error.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the County Court of McLean county; the Hon. ROBERT C. UNDERWOOD, Judge, presiding.
Reversed and remanded. Heard in this court at the October term, 1948.
Wayne C. Townley and Chester Thomson, for appellant;
Branson Wright, for appellee.
Not to be published in full. Opinion filed October 29, 1948; released for publication November 24, 1948.