Charles v. Canal Insurance

I regret that I find myself in disagreement with some of the views expressed, and with the conclusion reached in the leading opinion.

Respondent based his complaint on fraud and deceit, seeking damages, actual and punitive, in the amount of $25,000-.00. The trial judge held that fraud was not inferable from the evidence, eliminated the claim for punitive damages, granted the motion of the respondent for direction of the verdict in his favor for the amount of the actual cash value of the two pieces of equipment (less $250.00 deductible as to each, and less the admitted salvage value, and plus…