Knight v. Beyers
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 1. Statement by Mr. Chief Justice McBride. This is an action by R. M. Knight against O. H. Beyers to recover damages for the alleged willful and malicious conversion by defendant of certain personal property of plaintiff.
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From Douglas: James W. Hamilton, Judge. Department 1. Statement by Mr. Chief Justice McBride. This is an action by R. M. Knight against O. H. Beyers to recover damages for the alleged willful and malicious conversion by defendant of certain personal property of plaintiff. The complaint alleges, in substance, that the defendant, in January, 1911, wrongfully and maliciously entered plaintiff’s dwelling-house and wrongfully, unlawfully, and maliciously carried away, of the personal property of plaintiff, beds, bedding, furniture, carpets, and provisions, of the value of $1,000. It proceeds as…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. In the absence of any allegation of special damages for loss of the wife’s services by reason of her sickness, the plaintiff cannot recover. For this sickness and inconvenience, if the wrongful act of defendant caused it, she has her own action against him; and it was error to admit the testimony.
2. The evidence as to the willful and malicious nature of the taking is conflicting, and the jury may have been justified in finding that it was malicious, and in giving punitive damages; but it was error for the court to instruct them as it did, in substance,…
2Cases cited4 opinions
- State v. Security Savings Co.Oregon Supreme Court · 1896
- Sears v. DunbarOregon Supreme Court · 1907
- Fink v. ThomasWest Virginia Supreme Court · 1909
- Catterlin v. BushOregon Supreme Court · 1901
3Cited by11 opinions
- Van Lom v. SchneidermanOregon Supreme Court · 1949
- Mount v. WelshOregon Supreme Court · 1926
- Hartford Ins. v. Central R. R.Oregon Supreme Court · 1914
- Salem King's Products Co. v. La FolletteOregon Supreme Court · 1921
- Hayden v. City of AstoriaOregon Supreme Court · 1917
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