49 So. 310 | Ala. | 1909
That exemplary damages are recoverable in this class of actions, when the acts complained of are attended with aggravating circumstances of wantonness or malice, cannot longer be a debatable question in this jurisdiction. — Mitchell v. Billingsley, 17 Ala. 391; De Vaughn v. Heath, 37 Ala. 595; Rosser v. Bunn, 66 Ala. 89; Western Union, etc., Co. v. Dickens, 148 Ala. 480, 41 South. 469. The jury aAvarded the plaintiff damages to the amount of $311, and there can be no doubt that exemplary damages were assessed. On motion made by the defendant, the verdict was set aside, on the grounds that the damages Avere excessive and that the court erred in giving a charge requested by the plaintiff. The charge referred to is in this language: “I charge you, gentlemen of the jury, if you find that the defendant did trespass on the lands of the plaintiff, and if you further find that he did it in a Avanton and willful manner, then you are not confined to the assessment of the actual damages sustained, but you may go further and assess punitive damages, not exceeding $1,200.” It is argued that this charge is erroneous, as giving the jury a discretionary poAver in the assessment of damages, “Avithout stint or limit, and Avithout any rule Avhatever.”
Punitive damages, being apart from compensation, are not recoverable as a matter of right. Their-imposition is discretionary with the jury. — Louisville & Nashville Railroad Co. v. Bizzell, 131 Ala. 429, 30 South. 777; 12
The trial court, we think, occupied a more advantageous position than this court does for determining whether or not the jury were misled by the charge given in this case, and wé therefore decline to disturb its judgment granting the new trial. It is not necessary to consider the other grounds set down in the motion for a new trial.
Affirmed.