Nicol v. Illinois Central Railroad
Supreme Court of Louisiana
APPEAL from the Eighteenth District Court, Parish of Tangipahoa. Thompson, J. The highest standard of damages will be adopted to punish the wrong-doer, when the proof shows a wanton and malicious trespass. 1R. 140; 13 An. 102; 13 An. 116; 29 An. 214; 30 An. 926; 34 An. 1158. The actual damages proved by plaintiff is correctly found by the District Judge, and amounts to about $800. But his award of only $200 punitory damages is wholly inadequate, and should be increased,…
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APPEAL from the Eighteenth District Court, Parish of Tangipahoa. Thompson, J. The highest standard of damages will be adopted to punish the wrong-doer, when the proof shows a wanton and malicious trespass. 1R. 140; 13 An. 102; 13 An. 116; 29 An. 214; 30 An. 926; 34 An. 1158. The actual damages proved by plaintiff is correctly found by the District Judge, and amounts to about $800. But his award of only $200 punitory damages is wholly inadequate, and should be increased, under plaintiff's prayer *to amend the judgment. A general judgment for $5000, as prayed, without separation into actual and…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff alleges that she is the owner of a certain lot of ground on which a building has stood for more than thirty years, situated in Areola, Tangipahoa parish, fronting on the *818Illinois Central Railroad, formerly the New Orleans, Jackson & Great Northern Railroad, and occupied by Alfred Rhody June 26, 1878, and that she had been in peaceable possession of said property for more than thirty years prior to October, 1890; that in said month of October, said house was burned to the ground, and that in the month of November of said year…
2Cited by11 opinions
- Loeblich v. GarnierLouisiana Court of Appeal · 1959
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Rush v. Town of FarmervilleSupreme Court of Louisiana · 1924
- LaFleur v. SylvesterLouisiana Court of Appeal · 1961
- Mott v. HopperSupreme Court of Louisiana · 1906
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