Roan v. McCaleb

Appellee (plaintiff) recovered a judgment for $1,500, in trover, against appellant (defendant) for the conversion of a Ford automobile. The highest value of the Ford at the time of the conversion, or thereafter up to the time of trial as shown by some of the evidence, was $450.

The count in trover made no allegation of aggravating circumstances nor did it expressly claim exemplary or punitive damages. But it is apparent that the jury included an amount for punitive damages since no phase of the evidence justified an award of $1,500 for compensation. There was no claim for special compensatory…