Opinion · Supreme Court of North Carolina

Duncan v. . Stalcup

Duncan v. . Stalcup, 18 N.C. 440 (N.C. 1836)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1836-06-05
Topic
general

Daniel, Judge. — The defendant moved for a new trial, because the Judge had charged the jury, that they might give vindictive damages, under all the circumstances, when in law he should have directed the jury, that the damages should be restricted to the actual injury which the plaintiff had sustained. The counsel for the defendant now contends, that the case contains no circumstances to show that vindictive, damages should be given; that the rule for damages is a matter of law, and if the Judge mistakes it, it is a cause for a new trial. He says that the rule for damages in trespass on property, when it is destroyed, is the value of the property, and the inconvenience of the,plaintiff by the destruction at the time. In looking into the books, we find the rule in this action to be, that the jury are not restricted in their assessment of damages to the amount of the mere pecuniary loss sustained by the .plaintiff, but may award damages in respect of the malicious conduct of the defendant, and the degree of insult with which the trespass was committed'. The plaintiff is at liberty to give in evidence the circumstances which accompany and give character to the trespass. 2 Stark.

Citator

UpLaw has not yet analyzed Duncan v. . Stalcup. The absence of a flag is not a finding that it is good law.

Cited by
9 opinions