Kimball v. Holmes
Supreme Court of New Hampshire
Trespass, for beating and injuring tbe plaintiff’s mare witb an axe. Tbe action was defaulted, and referred to a referee to assess tbe damages, wbo reported that tbe defendant committed tbe injury as alleged, and accompanied tbe act witb sucb malicious insults as should enhance tbe damages, and awarded that tbe plaintiff recover the sum of forty dollars. The mare before tbe injury was lame, and of small value.
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Trespass, for beating and injuring tbe plaintiff’s mare witb an axe. Tbe action was defaulted, and referred to a referee to assess tbe damages, wbo reported that tbe defendant committed tbe injury as alleged, and accompanied tbe act witb sucb malicious insults as should enhance tbe damages, and awarded that tbe plaintiff recover the sum of forty dollars. The mare before tbe injury was lame, and of small value. Tbe court ordered judgment on tbe report, and tbe defendant excepted.
1Opinion of the CourtSmith, J.
In a civil action founded on a tort, nothing but compensatory damages can be awarded, but tbe injured party is entitled to full compensation for all the injury sustained, mental as well as material. In some cases, compensation for tbe actual material damage sustained will be full compensation. In other cases, tbe material damages may be trivial, and tbe principal injury be to tbe wounded feelings from tbe insult, degradation, and other aggravating circumstances attending tbe act. Tbe recent cases of Fay v. Parker, 53 N. H. 342, and Bixby v. Dunlap, 56 N. H. 456, may be regarded as settling…
2Cases cited1 opinion
- Bixby v. DunlapSupreme Court of New Hampshire · 1876
3Cited by6 opinions
- Vratsenes v. N. H. Auto, Inc.Supreme Court of New Hampshire · 1972
- Cohn v. SaidelSupreme Court of New Hampshire · 1902
- Cohn v. SaidelSupreme Court of New Hampshire · 1902
- Johnsen v. FernaldSupreme Court of New Hampshire · 1980
- Johnsen v. FernaldSupreme Court of New Hampshire · 1980
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