Hicks v. Foster
New York Supreme Court
Motion for a new trial, upon a bill of exceptions. The action was for slander, and was tried at the Erie circuit, in June, 1852. The judge, in his charge, in commenting upon the amount of damages, among other things, instructed the jury “that they had a right to take into consideration the fact that the plaintiff had been compelled to come into court in order to vindicate her character.” To this part of the charge the defendant excepted. Verdict for the plaintiff.
1Opinion of the Court
By the Court, Marvin, J.
As I understand the instruction of the learned judge, it was that the jury might take into consideration the expenses to which the plaintiff had been put, by being compelled to come into court to vindicate her character: so her counsel, in his argument before us, understood it. In my opinion, this proposition cannot be maintained. It may be conceded that the slander of the defendant was grossly malicious, and that in such a case the jury may give what have been called exemplary, vindictive or punitory damages. And it is not necessary here to enter upon an examination…
2Cases cited3 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Shannon v. ComstockNew York Supreme Court · 1839
- Elliott v. BrownNew York Supreme Court · 1829
3Cited by13 opinions
- Landa v. ObertTexas Supreme Court · 1876
- Fairbanks v. WitterWisconsin Supreme Court · 1864
- Bishop v. HendrickNew York Supreme Court · 1894
- Indianapolis Journal Newspaper Co. v. PughIndiana Court of Appeals · 1893
- Lurman v. JarvieAppellate Division of the Supreme Court of the State of New York · 1903
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