...Kerr-McGee's conduct was to be evaluated in determining whether such damages should be awarded: "[T]he jury may give damages for the sake of example and by way of punishment, if the jury finds the defendant or defendants have been guilty of oppression, fraud, or...

...III. EXEMPLARY DAMAGE!. , Ill . . . SEC. 3294. In any action for lite breach of an obligaJ oj tion not arising from contract, where the defendant has...for the sake of example, and by way of punishing the delendant. In this tho Commissioners have tnkcn the rule ns now settled in this Slate by the Court...

...3294. Exemplary damages, in what cases allowed. § 3294. In any action for the breach of an obligatiod not arising from contract, where the defendant has...of example, and by way of punishing the defendant. CHAPTER H. MEASURE OF DAMAGES. AKTICJ.E I. DAMACES roa RREACH or CONTRACT, II. DAMAGES FOR WRONGS,...

...territory of Dakota, and is now the law of this state: Sec. 1946, Civil Code. "In any action for the bread) of an obligation not arising from contract, where...of example, and by way of punishing the defendant." Whatever conflict existed prior to the adoption of this statute on the question of exemplary damages,...

...were asked the court instructed that "in any action for the breach of an obligation not arising upon contract, where the defendant has been guilty of oppression,...of example, and by way of punishing the defendant." 'Held that, after such instruction had been given, defendant was entitled to an instruction that "a...

...counsel, or either. Paragraph 25 of the charge is as follows : "In an action for malicious prosecution, where the defendant has been guilty of oppression,...of example, and by way of punishing the defendant, not exceeding in all the amount claimed in the complaint." It Is said of this instruction that it is...

...intentionally done. Under our statute, in an action for libel, where the defendant has been guilty of malice, actual or presumed, "the Jury, in addition...of example, and by way of punishing the defendant." Civ. Code, § 32У4. The defendant may, however, prove any mitigating circumstances to reduce the amount...

...obligation not arising from contract, where the defendant has been guilty of oppression, fraud or mnlice, actual or presumed, the jury, in addition to the actual...example, and by way of punishing the" defendant." The foregoing statute fixing liability for exemplary damages does so upon those obligations, not arising...

...been guilty of oppression, fraud, or malice, actual or presumed, the jury, in addition to the ictual damages, may give damages for the sake of example,...and by way of punishing the defendant" If we assume thnt any part of the award ){ exemplary damages attaches to the judgment at present, we are nevertheless...

...state, where a defendant has been guilty of oppression, fraud, or malice, the jury, in addition to ? W v b } r * 8I5 g.̛ _y 3 and therefore, if you find that the agent or servants of the defendant In the performance of their...