Kelly v. McDonald
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. Hon. J. N. Cypert, Circuit Judge. There was no malice, no improper motive, no harshness, no wrong intent, and therefore no room for exemplary damages. Where goods are wrongfully taken and returned before action brought, plaintiff can only recover nominal damages. In tort the rule is, compensation, and in no case can plaintiff recover more than will compensate him, unless there-is malice.
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APPEAL from Monroe Circuit Court. Hon. J. N. Cypert, Circuit Judge. There was no malice, no improper motive, no harshness, no wrong intent, and therefore no room for exemplary damages. Where goods are wrongfully taken and returned before action brought, plaintiff can only recover nominal damages. In tort the rule is, compensation, and in no case can plaintiff recover more than will compensate him, unless there-is malice. Moore v. Raphael, % Bingham, N. 0., 310; 1 Sedgwick Measure of Damages, side p. 115, n. a., and cases cited.
1Opinion of the Court
STATEMENT.
English, C. J.
This was an action for trespass brought in the Circuit Court of Monroe County by Eliza McDonald and her husband, D. McDonald, against S. S. Westbay and Mike Kelly.
The husband joined the wife in the action,but disclaimed any interest in the property which was the subject of the suit.
The complaint alleged, in substance, that on the twenty-eighth of January, 1880, plaintiff Elizabeth was the owner, and possessed in her own exclusive right, of a sewing machine of the value of forty dollars, a clock of the value of ten dollars, and a bracket of the value of one dollar and…
2Cited by22 opinions
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- General Fire Extinguisher Co. v. Beal-Doyle Dry Goods Co.Supreme Court of Arkansas · 1913
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