Dillon v. Rogers

Citations

• 36 Tex. 152

Syllabus

<p>1. There is no such word as “ impunitive ” in the English language; and therefore a verdict for a certain sum as impunitive damages is unintelligible.</p> <p>2. In an action of trespass, no evidence of fraud or malice was adduced against the defendant; but the court directed the jury to consider whether the trespass was committed fraudulently or maliciously, and if so, to return a verdict for exemplary damages. The jury found a verdict against the defendant for fifty dollars as actual damages, and one hundred dollars as “impunitive” damages. Held, that even considering the verdict as one for exemplary as well as actual damages, it was error for the court below to submit to the jury any question of exemplary damages, when there was no evidence of fraud or malice.</p>