 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1874 - 664 σελίδες
...of his offense, rather than the measure of compensation to the plaintiff." And again: "In actions of trespass, where the injury has been wanton and malicious,...example, which has sometimes been called smart money." — Day v. Woodworth, 13 How., 368. And in the leading case of Huckle v. Money, 2 Wils., SOS, Lord... | |
 | United States. Supreme Court - 1852 - 668 σελίδες
...conduct, and may properly be termed exemplary or vindictive rather than compensatory. In actions of trespass, where the injury has been wanton and malicious,...been inflicted without design or intention, something farther by way of punishment or example, which has sometimes been called " smart money." This has been... | |
 | Theodore Sedgwick - 1858 - 778 σελίδες
...conduct, and may properly be termed exemplary or vindictive rather than compensatory. " In actions of trespass, where the injury has been wanton and malicious,...has sometimes been called ' smart money.' This has been always left to the discretion of the jury ; as the degree of punishment to be thus inflicted must... | |
 | Iowa. Supreme Court - 1869 - 658 σελίδες
...1851, Day v. Woodworth (19 Curtis, 536), the Supreme Court of the United States say: "In actions of trespass, where the injury has been wanton and malicious, or gross and outrageous, courts permit juries to give ' smart money.' It is a well established principle of the common law, that in actions of trespass... | |
 | 1886 - 548 σελίδες
...the best exposition of what the law is, the question will not admit of argument. * * * In actions of trespass, where the injury has been wanton and malicious,...always been left to the discretion of the jury, as tho degree of the punishment to be thus inflicted must depend on the peculiar circumstances of each... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 746 σελίδες
...conduct, and may properly be termed exemplary or vindictive rather than compensatory. In actions of trespass, where the injury has been wanton and malicious,...has sometimes been called " smart money." This has been always left to the discretion of the jury, as the degree of punishment to be thus inflicted must... | |
 | 1882 - 1916 σελίδες
...jury of exemplary damages or smart money is thus stated by the supreme court of the United States : " Where the injury has been wanton and malicious, or...and outrageous, courts permit juries to add to the compensation for actual damages something further by way of punishment or example, which has sometimes... | |
 | 1897 - 1036 σελίδες
...conduct, and may properly be termed 'exemplary' or 'vindictive' rather than 'compensatory.' "In actions of trespass, where the Injury has been wanton and malicious,...permit juries to add to the measured compensation of tue plaintiff which he would have been entitled to recover had the Injury been Inflicted without design... | |
 | District of Columbia. Supreme Court, Arthur MacArthur (Sr.), Franklin Hubbell Mackey - 1884 - 514 σελίδες
...the case of Day vs. Woodworth et al., 13 Howard, 371, the court said : "In actions of trespass, when the injury has been wanton and malicious, or gross...punishment or example ; which has sometimes been called smart-money." In the case of the Philadelphia, Wilmington & Baltimore RR Co. vs. Quigley, 21 Howard,... | |
| |
In actions of trespass, where the injury has been wanton and malicious, or gross and outrageous, courts permit juries to add to the measured compensation of the plaintiff which he would have been entitled to recover, had the injury been inflicted without... 
