Best v. Allen
Illinois Supreme Court
This was an action of trespass, commenced by appellee against appellants, at the December term, 1861, of Macoupin Circuit Court, for entering the house of plaintiff, and injuring, tearing, spoiling and destroying certain articles of furniture in the same.
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This was an action of trespass, commenced by appellee against appellants, at the December term, 1861, of Macoupin Circuit Court, for entering the house of plaintiff, and injuring, tearing, spoiling and destroying certain articles of furniture in the same. The defendant pleaded, 1st, Not guilty; 2nd, Special plea of justification—that defendant Best was the owner of the house described in the declaration, and entitled to the possession of the same, and that plaintiff’s goods and chattels in the declaration mentioned were wrongfully in the said house, encumbering the same; and that defendant…
1Opinion of the CourtCaton, C. J.
We think both of the instructions given for the plaintiff are correct. In the first, the jury are told that if ■the defendant entered the plaintiff’s premises and willfully damaged his goods, they may give exemplary damages. It is argued that if the defendant entered in good faith, and under the belief that he had a right to enter and eject the plaintiff’s family, that his willful injury of the goods in doing so, should not subject him to smart money. We do not so understand the law. A willful injury of the goods is as much a ground for exemplary damages as a willful entry when the party…
2Cited by9 opinions
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- Brown v. CoonIllinois Supreme Court · 1864
- Cumberland Telephone & Telegraph Co. v. CassedyMississippi Supreme Court · 1900
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