Avakian v. Noble

Citations

• 121 Cal. 216
• 53 P. 559
• 1898 Cal. LEXIS 878

Syllabus

<p>Trespass — Oppression — Exemplary Damages — Pleading — Certainty— Waiver of Objection__A complaint alleging a forcible and oppressive ■; trespass should' allege specifically and with certainty the circumstances showing oppression or malice in the doing of the act complained of, in order to entitle the plaintiff to damages in excess .of ' ' the actual value of the property taken; but where the facts were - - .alleged in general terms, and no demurrer was interposed for úncertainty or ambiguity, and' it appears from the record on appeal that the trial proceeded -upon the theory that the complaint was sufficient to bring the case within the provisions of section 3294 of the Civil Code, and that evidence was admitted without objection showing the circumstances of aggravation under which the property was taken, after a verdict in favor of the plaintiff for exemplary damages, all intendments are in favor of the sufficiency of the complaint, and objection to its sufficiency cannot be raised upon appeal for the first time.</p> <p>Id.—Oepbessive and Malicious Tbespass of Agent—Ratification.—Where the circumstances show that a wanton, forcible, oppressive, and malicious trespass was committed by the agent of the defendant in seizing the property of the plaintiff, to which defendant had no right of possession, and that he was arrested for an assault upon the plaintiff and fined therefor, and the defendant, after being fully informed of all the facts and of the acts committed by the agent, refused to comply with a demand for the return of the prop- , erty so seized, the jury were warranted in finding that the defendant adopted and ratified the acts of the agent with full knowledge of all the circumstances attending the seizure, by retaining and accepting the fruits thereof. Such ratification, under the circumstances, was equivalent to express precedent authority for the wrongful acts committed, and justified a verdict against the defendant for exemplary damages.</p>