Alcorn v. Mitchell

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Alcorn v. Mitchell, 63 Ill. 533 (Ill. 1872)

After a trial for trespass, defendant spit in plaintiff’s face. Plaintiff sued defendant for battery and the trail court awarded a judgment of $1000. Defendant appealed the judgment on the grounds that the judgment was excessive.

The issue presented to the court of appeal was whether punitive damages can be awarded in a case for battery. The court ruled in the affirmative. The court reasoned that awarding such damages can discourage people from committing acts such as those committed by defendant and, therefore, are recoverable in a case of battery.