Clement v. Spear
Supreme Court of Vermont
Trespass and trover for tlie conversion of a heifer. Plea, general issue; and trial by jury, June Term, 1882, Orange County, Rowell, J., presiding. Yerdict and judgment for the plaintiff to recover $32 damages and costs.
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Trespass and trover for tlie conversion of a heifer. Plea, general issue; and trial by jury, June Term, 1882, Orange County, Rowell, J., presiding. Yerdict and judgment for the plaintiff to recover $32 damages and costs. The only exception was to the charge of the court, which was as follows : “ In actions of this kind interest as such is not allowable, as it is upon a note that" reads £ with interest,’ or upon a debt created by contract; but in assessing damages, the jury may look at the lapse of time for the purpose of seeing how much the plaintiff ought to recover, if anything, between the…
1Opinion of the Court
Tiie opinion of the court was delivered by
Ross, 'J.
I. Whether interest eo nomine, is allowable in ascertaining the damages in actions of tort, is a subject on which the authorities are in conflict. 2 Hill. Torts 134; Lindsey *403v. Danville, 46 Vt. 144. All agree that the lapse of time from the commission of the wrong to the time of recovery, may be considered by the jury in determining what sum will fairly compensate the party for the injury received. Whether it is called interest or damages for the detention of the compensation which should have been paid at the time the wrong was inflicted,…
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