Cady v. Case

The principal question discussed in this case upon the argument was, whether' exemplary damages ought to be allowed in any civil action, and we are asked to reexamine this question and reverse the prior decisions of this court permitting exemplary or vindictive damages. Our own *734decisions for a long time have established that, whenever the elements of fraud, malice, gross negligence or oppression mingle in the controversy, the law allows the jury to give what is called exemplary or vindictive damages. We could not depart from this doctrine now without overruling all of the prior decisions of…