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" 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... "
The Southern Law Review: And Chart of the Southern Law and Collection Union - Side 669
1882
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 28

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 sider
...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...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 13

United States. Supreme Court - 1852 - 668 sider
...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...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - 1858 - 778 sider
...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...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volum 24

Iowa. Supreme Court - 1869 - 658 sider
...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...
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Albany Law Journal, Volum 33

1886 - 548 sider
...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...
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Reports of Decisions in the Supreme Court of the United States ..., Volum 19

United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 746 sider
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 13-14

1882 - 1916 sider
...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...
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The Supreme Court Reporter, Volum 17

1897 - 1036 sider
...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...
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Reports of Cases Argued and Adjudged in the Supreme Court of the District of ...

District of Columbia. Supreme Court, Arthur MacArthur (Sr.), Franklin Hubbell Mackey - 1884 - 514 sider
...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,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 165

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 786 sider
...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 always...
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