Louder v. Hinson

Where one occasion sought, under color of process, to wreak his vengeance on an individual and his family, by harrassing and insulting them, the jury were properly instructed that they might give vindictive damages.

This was an actioN of trespass, A. B., tried before Calb-avell, Judge, at the Eall Term, 1856, of Cabarrus Superior Court. , The plaintiff’s declared for an assault and battery upon the wife. Hinson, a constable, having process against Monroe Louder, a son of the defendant, and another, for a breach of the peace3 came in the night-time, with one Long, who is also a defendant, and two others, to the house of the plaintiff, at a late hour of the night, after the family had gone to bed, and en-quired for the son. He was answered by the father that the boy had gone to bed, and he did not wish him disturbed that night, and offered to be surety for his appearance next day, at any place he would appoint. The defendant, Hinson, with an oath, said, that he would make the arrest that night. Hin-son and Long then got into a scuffle with the plaintiff, and one of them pulled his hair. Hinson then come to the fireplace where the youth, Monroe Louder, was standing, and tapping him on the shoulder, said, that he arrested him, and that he was his prisoner. The plaintiffs both, then told the party that they had got wliat they wanted, and to leave the house, which they refused to do, but indulged in offensive ■and profane language towards the plaintiffs, and wanton conduct towards their property. One of the party, Long, rushed at the anale plaintiff with a shovel, and was prevented from striking him by the son, Monroe, but pushed him back on the bed. The female plaintiff, who was lying in bed, reached up and got a gun, which was ¡above her, when the defendant, Hinson, seized it, took it away from her, and struck her with it violently, leaving marks of violence on her head and ear for several days afterwards. After this, the said Hinson and his associates, remained in the house, and about it, for nearly & quarter of an hour longer, making insulting and derogatory remarks towards the plaintiffs ; after which they went off with their prisoner. His Honor charged the jury that, they believed, from the testimony, that the parties sought the occasion, under process, to wreak their vengeance on the Louder family, by har-rassing and insulting them, it would be a case where they might give vindictive damages. Defendant excepted to this •charge. "Verdict for the plaintiffs, and several damages against the ■defendants. Judgment rendered. Hinson only appealed to this Court.