Barton v. Thompson
Supreme Court of Iowa
Appeal from Mitchell District Court. The plaintiff alleges that the defendant willfully and malicously set fire to and caused to be burned four stacks of wheat, the property of the plaintiff, worth $275. Plaintiff claims exemplary damages in the sum of $1,000. The cause was tried by a jury, and a verdict was returned for plaintiff for $500. The motion for a new trial was overruled and judgment was entered upon the verdict. The defendant appeals.
1Opinion
on rehearing.
Seevers, J.
The appellee applied for and was granted a rehearing, on the ground, as claimed by counsel, that the decisions in Maine and Wisconsin, made subsequently to those cited in the opinion, had overruled those referred to in the opinion.
The case in Maine to which our attention has been called is Ellis v. Buyfell, 60 Me., 209. This was an action for slander, the crime imputed to the plaintiff being adultery. There was a plea of justification, and it was held it could be established by a preponderance of the evidence. .The case of Thayer v. Boyle, cited in the foregoing…
2Cases cited4 opinions
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Freeman v. FreemanWisconsin Supreme Court · 1872
- Pryce v. Security Insurance Co. of New YorkWisconsin Supreme Court · 1871
- Ellis v. LindleySupreme Court of Iowa · 1874