Pike v. Dilling
Supreme Judicial Court of Maine
Exceptions from the ruling of Cutting, J. This was an action of trespass vi et armis, for assaulting and maiming the plaintiff by biting off a part of his nose.
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Exceptions from the ruling of Cutting, J. This was an action of trespass vi et armis, for assaulting and maiming the plaintiff by biting off a part of his nose. The instruction to the jury, to which the defendant excepted, was that, if they should find the defendant committed the act wantonly, in that case, they would be authorized, if they thought proper, in addition to the actual damages the plaintiff has sustained, to give him a further sum, as exemplary or vindictive damages, both, as a protection to the plaintiff, and as a salutary example to others, to deter them from offending in like…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
The instructions of the presiding Judge were entirely in accordance with the weight of judicial 'authority in this country, in the courts of the United States and in those of the several States.
“It is a well established principle of the common law,” ’remarks Grier, J.,in Day v. Woodworth, 13 How., 371, “that, in actions of trespass, and all actions on the case for torts, a jury may inflict what are called exemplary, punitive or vindictive damages upon a defendant, having in view the enormity of his .offence, rather than the measure of…
2Cases cited6 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Tillotson v. CheethamNew York Supreme Court · 1808
- Pastorius v. FisherSupreme Court of Pennsylvania · 1828
- Huntley v. BaconSupreme Court of Connecticut · 1842
- Kountz v. BrownCourt of Appeals of Kentucky · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tuttle v. RaymondSupreme Judicial Court of Maine · 1985
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Braley v. Berkshire Mutual Insurance Co.Supreme Judicial Court of Maine · 1982
- Robinson v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1896
- Pamela A. Denutte v. U.S. Bank, N.A.Supreme Judicial Court of Maine · 2019
3 more not listed; retrieve them via the Exa API.