Brown v. Swineford

Summary

The Wisconsin Supreme Court reversed a $750 judgment for the plaintiff in an assault and battery action and remanded for a new trial. It held that the defendant's prior criminal prosecution and fine for the same assault did not bar punitive damages, because the state constitutional double jeopardy provision applies only to criminal prosecutions, and it declined to abrogate or modify the exemplary damages rule absent legislation. It also held that provocation by the plaintiff, though not amounting to justification, may exclude exemplary damages. The reversal itself rested on plaintiff's counsel's closing argument, which, after waiving the opening and over objection, asserted the defendant's wealth and the wealth and power of the railroad company he served — facts not in evidence.