Gamble v. Keyes
South Dakota Supreme Court
Appeal from 'Circuit Court, •Codington County. Hon. Wiliam N. Skinner, Judge. Action by Elisabeth E. Gamble against E. R. Keyes, to re- ' cover damages resulting from breaking into plaintiff’s house and home. Prom a judgment for plaintiff, and from an order denying a new trial defendant appeals.
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Appeal from 'Circuit Court, •Codington County. Hon. Wiliam N. Skinner, Judge. Action by Elisabeth E. Gamble against E. R. Keyes, to re- ' cover damages resulting from breaking into plaintiff’s house and home. Prom a judgment for plaintiff, and from an order denying a new trial defendant appeals. (2) To point twD, Appellant cited: Lyles v. Perrin, 119 Cal. 265; 13 Cyc. 108-no; Ainderson v. International Harvester Company, 16 L. R. A. (N. S.) 440; 8 R. C. L., 134-136. Respondent cited: 'Sec. 1965, Rev. Code 1919. (5) To point five, Respondent cited: Shoemaker v. Sonju, 15 N. D.. 518; 108 N. W.…
1Dissent
SMITH and GATES, J. J.
(dissenting.) It is to be regretted that a sense of judicial obligation requires another dissenting opinion in this case. Our majority Brethren say:
“There were no facts proven that would establish actual damages in any large sum. It follows that the judgment should be reversed unless the trial court rightfully submitted to the jury the question of punitive damages. That the trial court erred in so doing is clear. The record before us contains no evidence sufficient to sustain a finding that defendant acted maliciously.”
It is conceded that the facts proven are sufficient…
2Cases cited12 opinions
- Brennan v. United Hatters of North America, Local No. 17Supreme Court of New Jersey · 1906
- London Guarantee & Accident Co. v. HornIllinois Supreme Court · 1903
- Schonwald v. RagainsSupreme Court of Oklahoma · 1912
- McGurk v. CronenwettMassachusetts Supreme Judicial Court · 1908
- Leavell v. LeavellMissouri Court of Appeals · 1907
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