Coleman v. Pepper
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before I-Ion. D. W. Speaks. Action by Mattie B. Coleman against L. B. Pepper for trespass to realty. There Avas judgment for plaintiff, but on motion the judgment Avas set aside and new trial granted. From this last judgment plaintiff - appeals. A new trial should not he granted for a mere difference between the court and the jury as to the proper amount of damages that should be awarded. — Tenn.
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Appeal from Limestone Circuit Court. Heard before I-Ion. D. W. Speaks. Action by Mattie B. Coleman against L. B. Pepper for trespass to realty. There Avas judgment for plaintiff, but on motion the judgment Avas set aside and new trial granted. From this last judgment plaintiff - appeals. A new trial should not he granted for a mere difference between the court and the jury as to the proper amount of damages that should be awarded. — Tenn. C. I. & R. R. Co. v. Stevens, 115 Ala. 461; Cobb v. Malone, 92 Ala. 630; 14 En. of PI. & Pr. 764, & 772. Where there is no legal measure of damages, as in…
1Opinion of the CourtDenson, J.
That exemplary damages are recoverable in this class of actions, when the acts complained of are attended with aggravating circumstances of wantonness or malice, cannot longer be a debatable question in this jurisdiction. — Mitchell v. Billingsley, 17 Ala. 391; De Vaughn v. Heath, 37 Ala. 595; Rosser v. Bunn, 66 Ala. 89; Western Union, etc., Co. v. Dickens, 148 Ala. 480, 41 South. 469. The jury aAvarded the plaintiff damages to the amount of $311, and there can be no doubt that exemplary damages were assessed. On motion made by the defendant, the verdict was set aside, on the grounds that the…
2Cases cited11 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Mitchell v. BillingsleySupreme Court of Alabama · 1850
- Glasser, Kuder & Ottensosser v. MeyrovitzSupreme Court of Alabama · 1898
- Alley v. DanielSupreme Court of Alabama · 1883
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3Cited by37 opinions
- Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
- Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
- Parisian Co. v. WilliamsSupreme Court of Alabama · 1919
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
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