Jones v. Turpin
Tennessee Supreme Court
FROM ANDERSON. Appeal in error from the judgment of the Circuit Court, July Term, 1868. L. C. Hour, J. cited, as to the admissibility of evidence to show what took place before the grand jury when the testimony was given on which the true bill was found; 1 Greenl.
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FROM ANDERSON. Appeal in error from the judgment of the Circuit Court, July Term, 1868. L. C. Hour, J. cited, as to the admissibility of evidence to show what took place before the grand jury when the testimony was given on which the true bill was found; 1 Greenl. Ev., s. 252; 2 lb., 450; Meigs’ Dig., s. 666, sub-s. 3; Crocker v. State, Meig's, 127; Granger v. Warrington, 3 Gill., 310; Stephens’ Nisi Prius, 2286; Lowe’s case, 4 Greenl., 439; Page v. Hall, 3 Scammon, 45; 3 Johns., 234; 4 Carr. & Payne, 444. An anonymous brief for defendant in error insisted that at the common law, the…
1Opinion of the CourtTurkey, J.
In an action for malicious prosecution, to charge the jury, “you may give what is called vindictive damages, that is, such damages as will satisfy the highly excited feelings of the party injured,” is clearly error. While a jury may give vindictive damages, such damages are not to be measured by the “feelings” of the plaintiff as defined by the Circuit Judge, but are to be such damages as a reflecting and dispassionate jury investigating and weighing the charge out of which the civil suit grows, and its attending circumstances, may conclude are proper and right. If *183tbe highly excited feelings…
2Cited by7 opinions
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- State v. PutnamOregon Supreme Court · 1909
- Commercial Bank v. ToklasWashington Supreme Court · 1899
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