Island Coal Co. v. Neal

On Petition for Rehearing.

Gavin, C. J.

Appellant renews one of its objections to instruction No. 20. This instruction simply states to the jury that in assessing damages it may consider certain things named, “not exceeding the amount claimed in the complaint.” The objection urged is not that it authorizes exemplary damages, *19but that the instruction fails to expressly limit the damages to compensation.

Filed April 2, 1896.

That the elements mentioned are proper for the consideration of the jury, and that the instruction contains no misstatement of the law, — are not now controverted. The error…