Barnard v. Cohen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action for libel. The case was submitted to the jury under proper instructions and the jury returned the following verdict: “We, the jury, duly impaneled to try the issues in the above entitled action, find for the plaintiff, James Barnard* and assess his damages as follows: “Compensatory damages, -. “Punitory damages, $300.” Thereupon plaintiff moved (1) for judgment in his favor;…
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action for libel. The case was submitted to the jury under proper instructions and the jury returned the following verdict: “We, the jury, duly impaneled to try the issues in the above entitled action, find for the plaintiff, James Barnard* and assess his damages as follows: “Compensatory damages, -. “Punitory damages, $300.” Thereupon plaintiff moved (1) for judgment in his favor; (2) that the verdict be amended by inserting the words “six cents” in the space reserved for compensatory damages; and (3)…
1Opinion of the CourtRosenberry, J.
There was a demurrer to the complaint which was overruled. The defendant assigns this as error, but in the view we take of the case that question is immaterial. An erroneous judgment will not be reversed where recovery is for no more than a nominal amount. Riess v. Delles, 45 Wis. 662.
The principal question presented is: In an action for libel, can there be a recovery of punitory damages if only nominal compensatory damages are found?
Upon this question there is a conflict in the authorities. In the following cases it is held there may be such recovery: McConathy v. Deck, 34 Colo. 461, 83 Pac.…
2Cases cited9 opinions
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Meidel v. AnthisIllinois Supreme Court · 1874
- Maxwell v. KennedyWisconsin Supreme Court · 1880
- Barber v. KilbournWisconsin Supreme Court · 1863
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3Cited by8 opinions
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- Sunderman v. WarnkenWisconsin Supreme Court · 1947
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