37 Ala. 595 | Ala. | 1861
Thesdiarge asked by the defendants in the court .below, and refused by the court, assumes that, t® justify the jury in awarding vindictive damages, in an action of trespass guare clausum -frcgit, the defendant must have entered the land maliciously., in a rude, aggravating,, or insulting manner. These conjoint words evidently-erected too strict a standard of liability. Trespasses might be so wantonly or recklessly committed, as to justify the imposition of 'vindictive ..damages, without any evidence of
The judgment of the circuit court is affirmed.