Klam v. Koppel

AILSHIE, J.,

(dissenting in part) — I concur in affirming the judgment for compensatory damages. I think the evidence is abundant to support the verdict for conversion of the tractor as a whole.

I am unable, however, to agree to the affirmance of the judgment for punitive damages. This, in my judgment, is not such a case as comes within the rule. We have no statute in this state authorizing the imposition of punitive or exemplary damages. The principle, in so far as it exists here, comes from our adoption of the common law. It is allowed in the nature of a punishment to the defendant and a…