Gilreath v. . Allen
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Henderson* County, at the Spring Term 1849, his Honor Judge Bailey presiding. This was an action of slander.
Read the full summary
Appeal from the Superior Court of Law of Henderson* County, at the Spring Term 1849, his Honor Judge Bailey presiding. This was an action of slander. It was in proof, that there was an action of ejectment, pending in the Superior Court of Henderson County/between the present plaintiff, Gilreath, and one George 'Allen, the father of the present defendant: that Gilreath, in support of his title in that suit, relied upon a grant from the State of North Carolina for the land in controversy, appended to which grant was a certificated of survey, signed by Thomas D. Clayton, the County surveyor;…
1Opinion of the CourtPearson, J.
The plaintiff excepts to the charge of the judge, upon the question of damages. We think he is entitled to anew trial.
It is settled in this State, that, in actions of tort, when there are circumstances of aggravation, juries are not restricted, in the measure of damages, to a mere compensation for the injury, actually sustained, but may, in their discretion, increase the amount, according to the degree of malice, by which the evidence shews the defendant was actuated, the extent of the injury intended, and not that, which was really inflicted. Accordingly juries are told, in many cases, they…
2Cited by18 opinions
- Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
- Rhyne v. K-Mart Corp.Court of Appeals of North Carolina · 2002
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- Worthy v. . KnightSupreme Court of North Carolina · 1936
13 more not listed; retrieve them via the Exa API.