Dalton v. Beers
Supreme Court of Connecticut
Trespass vi et armis, for ejecting the plaintiff from a railroad car of which the defendant was conductor; brought to the Court of Common Pleas, and tried on the general issue closed to the court, before Brewster, J. The court rendered judgment for the plaintiff, assessing the damages at $60, and the defendant moved for a new trial, for error in the court in-including in the damages the sum of $50 for expenses of ,the suit. The case is sufficiently stated in the opinion.
1Opinion of the CourtPark, J.
In actions sounding in tort, if it appears- that the injury complained of was inflicted wantonly or maliciously, exemplary damages may be given; and in such cases the expenses of the plaintiff in the prosecution of his suit, exceeding the taxable costs of the case, may be taken into consider-ation in estimating the amount of damages that the plaintiff should recover. The only question made in this case, is. whether it is one of this character.
It appears that the plaintiff was a passenger on a train of' *530cars of which the defendant was the conductor; that the plaintiff paid .to the defendant…
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- Quigley v. Central Pacific RailroadNevada Supreme Court · 1876
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