Calvat v. Franklin

I dissent from so much of the opinion of the court as affirms the award of exemplary damages. The only basis for the awarding of such damages in this jurisdiction is found in the provisions of section 6307, C. L. 1921, enacted in 1889. That section, of which I have italicized certain words, reads: ‘£ That in all civil actions in which damages shall be assessed by a jury for a wrong done to the person, or to personal or real property, and the injury complained of shall have been attended by circumstances of fraud, malice or insult, or a wanton and reckless disregard of the injured party’s…