Marsh-Burke Co. v. Yost

Plaintiff brought this action to recover, as exemplary damages, under section 4062, Rev. St. 1913, twice the amount of compehsatory damages awarded it in a previous suit. The trial court sustained a general demurrer to the petition, and plaintiff appeals.

In the former suit (Marsh-Burke Co. v. Yost, 98 Neb. 523) plaintiff obtained a verdict for $38,000 actual damages, resulting from a conspiracy to drive it out of business. The trial court reduced this verdict to $23,000, and plaintiff, rather than ..submit to a new trial, permitted judgment to be entered for that amount. Thereafter a motion…