Thompson v. Swank

Opinion by

Mr. Justice Kephart,

Punitive damages will be allowed for torts that are committed wilfully, maliciously, or so carelessly as to indicate wanton disregard of the rights of the party injured. Such conduct must appear affirmatively in the evidence. It cannot be presumed. In this action for a wilful distraint there was sufficient evidence from which the jury could infer either malice or wantonness. The evidence showed that appellant had said, referring to ap-pellees, he would “hook them” or words to that effect. This statement, combined with the manner in which he acted with knowledge…