Chicago & Iowa Railroad v. Baker

This was an action of trespass guare clausum fregit, brought in the DeKalb circuit court, by appellee against appellant, and judgment nil (Licit entered against the latter for want of plea. On the assessment of damages before the court and a jury, the plaintiff, introducing no evidence of circumstances of aggravation, which would lay the proper foundation for vindictive damages, but assuming that all such were admitted by the default, asked, and the court instructed the jury, that if they believed, from the testimony, the trespasses complained of were wilfully committed by the defendant,…