Johnson v. Smith
Supreme Judicial Court of Maine
On exceptions. Trespass vi et armis3 for an assault committed by the defendant upon the plaintiff, on the twentieth day of June, 1873. ■ The writ was dated June 24, 1874, and returnable to the superior court, where it was tried at the ensuing September term. The ad damnum was $6,000. The defendant, in June, 1873, ownted two valuable dogs, one a setter, and the other a Newfoundland.
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On exceptions. Trespass vi et armis3 for an assault committed by the defendant upon the plaintiff, on the twentieth day of June, 1873. ■ The writ was dated June 24, 1874, and returnable to the superior court, where it was tried at the ensuing September term. The ad damnum was $6,000. The defendant, in June, 1873, ownted two valuable dogs, one a setter, and the other a Newfoundland. The Thursday before the assault these dogs were in Deering upon the farm of the plaintiff, and worried his geese,- killing two of them. Thereupon Mr. Johnson took his gun and fired at the dogs, killing the…
1Opinion of the CourtDaneorth, J.
The exception to the instruction to the jury, that “the law says that in a case of gross and malicious assault, or of gross and aggravated injury, the jury may, in their discretion, if "they deem proper, award exemplary damages, but there is no rule of law by which the plaintiff can claim it as a legal right,” must be overruled. Such law has become so well settled in this state, even in cases where the defendant is also liable to criminal prosecution, not only by the decided cases, but also by a uniform and in point of time a somewhat extended practice in our courts, that it is now too late…
2Cases cited1 opinion
- M'Bride v. M'LaughlinSupreme Court of Pennsylvania · 1836
3Cited by10 opinions
- Tuttle v. RaymondSupreme Judicial Court of Maine · 1985
- Coleman v. AllenSupreme Court of Georgia · 1888
- Hanover Insurance Co v. HaywardSupreme Judicial Court of Maine · 1983
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Draper v. BakerWisconsin Supreme Court · 1884
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