Rippey v. . Miller
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Cleaveland County, at the Spring Term 1850, his Honor Judge Caldwell presiding. The action is trespass quare clausum fregit, and was tried on the general issue.
Read the full summary
Appeal from the Superior Court of Law of Cleaveland County, at the Spring Term 1850, his Honor Judge Caldwell presiding. The action is trespass quare clausum fregit, and was tried on the general issue. The declaration and evidence were of an entry on the plaintiff ’s land by the defendant’s testator, secretly in the night, and maliciously burning a cotton gin-house and divers articles therein, and killing a horse ; and evidence was further given for the plaintiff, that the house and other property were of the value of $750. The counsel for the defendant, thereupon insisted before the jury,…
1Opinion of the CourtRuffin, C. J.
As the case appeared, it would have been a proper one for insisting to the jury on vindictive damages against the trespasser. The question is, whether damages of that character can be given against his representative. The Court is of opinion that they cannot. An action for a tort was lost at the common law by the death of either party, the injured or the injurer, upon the maxim, actio personalis moritur cum persona.— That, in some cases, produced great hardship; as torts differ in their nature, some consisting of violence and in» suit to the person or injury to the character and feelings ;…
2Cited by9 opinions
- Evans v. GibsonCalifornia Supreme Court · 1934
- Morriss v. BartonSupreme Court of Oklahoma · 1947
- Mast v. Sapp.Supreme Court of North Carolina · 1906
- Crabtree Ex Rel. Kemp v. Estate of CrabtreeIndiana Supreme Court · 2005
- McAdams v. BlueCourt of Appeals of North Carolina · 1968
4 more not listed; retrieve them via the Exa API.