Bernard v. Ngawk

Decision of

Judd, J.

This is an action of Tort, in which damages are claimed of defendants for their causing plaintiffs’ garden to be overflowed with water backed up by defendants’ dam. The jury returned a verdict of $1500, the full amount claimed, which the Court is asked to set aside as being excessive.

I recognize a distinction between actions for injuries to persons and those for injuries to property. In the former class of cases, if circumstances of aggravation exist, there is no fixed rule of compensation, and the jury are authorized to give vindictive damages. Courts are loth to disturb…