Duncan v. . Stalcup
Supreme Court of North Carolina
This was an action of trespass vi et armis, for shooting the plaintiff’s dogs and cattle, killing his horses and hogs, and burning his stables and fodder stacks. On the trial, before his Honor Judge Strange, at Burke, on the last Circuit, the plaintiff' having proved his case, the jury were instructed, that in assessing damages, they were not restricted to the actual value of the property destroyed, but might in their discretion award vindictive damages.
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This was an action of trespass vi et armis, for shooting the plaintiff’s dogs and cattle, killing his horses and hogs, and burning his stables and fodder stacks. On the trial, before his Honor Judge Strange, at Burke, on the last Circuit, the plaintiff' having proved his case, the jury were instructed, that in assessing damages, they were not restricted to the actual value of the property destroyed, but might in their discretion award vindictive damages. A verdict being returned in favour of the plaintiff for five hundred dollars damages, the defendant moved for a new trial, upon the ground…
1Opinion of the Court
Daniel, Judge.
— The defendant moved for a new trial, because the Judge had charged the jury, that they might give vindictive damages, under all the circumstances, when in law he should have directed the jury, that the damages should be restricted to the actual injury which the plaintiff had sustained. The counsel for the defendant now contends, that the case contains no circumstances to show that vindictive, damages should be given; that the rule for damages is a matter of law, and if the Judge mistakes it, it is a cause for a new trial. He says that the rule for damages in trespass on…
2Cases cited1 opinion
- Woert v. JenkinsNew York Supreme Court · 1817
3Cited by9 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Kirby v. Jules Chain Stores Corp.Supreme Court of North Carolina · 1936
- Blow v. . JoynerSupreme Court of North Carolina · 1911
- Chappell v. . EllisSupreme Court of North Carolina · 1898
- Brame v. . ClarkSupreme Court of North Carolina · 1908
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