145 P. 748 | Wyo. | 1915
This is an action brought by the plaintiff in error against the defendant in error to recover damages for an alleged
On the question of punitive or exemplary damages the court charged the jury as follows: “The plaintiff further claims that the damages sustained by him were committed wilfully by the defendant and in a wanton disregard of his rights in that respect. On this account he asks for punitive or exemplary damages. Por the purpose of inquiring whether he is entitled to such damages you have a right to consider the fact, which is not disputed, that the defendant took his sheep upon the land with the permission of Maud Binford, who, apparently, though not really, had a right to the possession of the land, and you have a right to consider this fact in determining whether you shall allow exemplary damages to the plaintiff; and if you should find that the defendant acted in good faith, believing that he had a right under the terms of his lease from Maud Binford to enter upon this land, you will allow no further damages against the defendant than that which is sufficient to compensate the plaintiff for the actual loss suffered by him.”
The jury found for plaintiff, and assessed his damages in the sum of $550.00, and judgment was entered for that amount and costs. In due time the defendant moved the
The only question property before this court and which it is necessary to determine is, whether there was error in granting a new trial. It appears that in September, 1908, the plaintiff made a desert entry on the land, and thereafter made some improvements thereon and at the time of the trespass, June 28, 1911, had about eighteen acres in crops and some hay on the land. It further appears that his entry, through some mistake or misunderstanding ■ of the officers of the local land office, was shown on the records of said office to have been cancelled on May 27, 1911, and was so understood by said officers.. On June 11, 1911, Maud
Counsel for plaintiff in error has argued the case on the theory that if there was any competent evidence sufficient to take the case to the jury on the question of punitive or-exemplary damages, the court was without authority to disturb or set aside the verdict. But we do not think that is the law. The statute provides that the verdict shall be vacated and a new trial granted by the District Court on the application of the party aggrieved for any of the causes enumerated in the section, affecting materially the substantial rights of such party. One of the causes so enumerated is, that the verdict is not sustained by sufficient evidence. (Sec. 4601, Comp. Stat. 1910). The correct rule on the question is concisely and clearly stated in the' case of Dewey v. Chicago, &c., R. Co., 31 Iowa, 373, as follows: “We therefore avail ourselves of this occasion to correct what we understand to be a very general misapprehension on the part of District and Circuit Judges in respect to the rule as to new trial in the nisi prius courts. This court has repeatedly declared the rule for itself (and such is the rule in most appellate tribunals), that where the evidence is
Affirmed.