Newell v. Webb

The complaint filed in this case consisted of five counts; the first four of which were in trespass, and the fifth count being based upon the alleged breach of a verbal lease. The defendant pleaded the general issue. There was a verdict and judgment for the plaintiff for $800.

There are four assignments of error. The third assignment is based upon that part of the oral charge of the court which is as follows:

"In this case you can assess actual damages and punitive damages, one or both. Our courts have laid down the rule that wherever there is a wrongful taking of the property of another, or…