Hess v. Jarboe

The opinion of the court was delivered hy

Fromme, J.:

An action was brought to recover damages arising by reason of an ouster from certain farm and pasture lands in Hodgeman county, Kansas. A jury returned verdicts in favor of the plaintiff, Joe Hess, for actual and punitive damages. The defendant, Walter Jarboe, appeals from that portion of the judgment awarding punitive damages.

The defendant contends the evidence failed to establish any tortious act which would justify the allowance of punitive damages. Therefore, a detailed review of the evidence is necessary.

The evidence generally is not in…