Chin Kee v. Kaeleku Sugar Co.

OPINION OP THE COURT BY

BANKS, J.

On the 8tli day of April, 1925j the plaintiff brought suit against the defendant on a complaint alleging a trespass quare clausum fregit. The trespass was alleged to have been committed on or about the 10th day of De cember, 1923. The allegations of the complaint stated a case of simple trespass merely, entitling the plaintiff, if he recovered at all, to only actual or compensatory damages. The actual or compensatory damages were laid in the sum of $500. It was also alleged in the complaint, however, that the plaintiff had been damaged in the sum of $35001 Upon…