This case was before the court at a former term, and was reversed and remanded, with plain directions as to the manner in which the damages should be estimated. The plaintiff undoubtedly entitled himself to a much larger amount of damages than the jury have given him. The case has been four times tried to a jury, with differing results. The verdict of the jury in the present case is for forty-eight dollars, and we may say, as was said by this court, the lowest estimate placed upon the wagon and harness by the witnesses is seventy-five dollars. (
In all cases a party who is injured by the wrongful acts of public officers is entitled to actual damages ; but if the act be attended with malice, or done under aggravating circumstances and in violation of a plain right, the injured party may recover consequential and even punitory damages.
The judgment of the District Court, in refusing a new trial, was erroneous. The judgment is therefore reversed, and the cause remanded.
Reversed and remanded.