Abel v. Conover

I concur in the result reached by the court but, for reasons hereinafter set forth, do not agree with the court’s holdings in certain respects.

The court holds that the provisions of section 7-106, R. R. S. 1943, providing for treble damages, is violative of Article I, section 3, and Article VII, section 5, of the Constitution of Nebraska. I agree that such provision is unconstitutional for the reason that the Constitution of Nebraska does not permit the recovery of punitive, vindictive, or exemplary damages by individuals in civil cases. See cases cited in the court’s opinion. However, I…