Baber v. Fitzgerald

Morris, Comimissioner

Reversing.

Appellant was defendant below in a suit instituted by appellee seeking $15,000 compensatory and $5,000 punitive damages, on the ground that appellant had maliciously prosecuted several writs of detainer against him. On a trial the jury awarded $5,030 damages, $1,000 being designated punitive damage.

Controversy arose between the two after Mrs. Baber purchased a house and lot in Louisville at a time when the first floor of the residence was occupied by Mr: Fitzgerald. Mrs. Baber desired to use a garage located on the lot, but appellee refused to allow her to do…