Alloway v. Hickok

The action was to recover damages for unlawful and willful injury to plaintiff’s personal property. The complaint demanded judgment for treble damages pursuant to Penal Law, section 1433, subdivision 3. The evidence clearly brought the case within the provisions of the statute cited. The learned trial justice left it to the jury to assess the actual damage sustained by the plaintiff. This was the proper procedure. (Civ. Prac. Act, § 435.) The jury assessed such actual damage at $600. The Civil Practice Act directs that judgment shall be entered for the increased damage given by the Penal Law.…