Dorsey v. Manlove

Citations

• 14 Cal. 553

Syllabus

<p>In actions for taking and detaining personal property, no circumstances of aggrar vation being shown, the measure of damages is the value of the property, with interest.</p> <p>If circumstances of aggravation be shown in order to increase the damages, then defendant may show all circumstances connected with his acts, and explanatory of his motives and intentions.</p> <p>In such actions, the rule of damages depends on the presence or absence of circumstances of aggravation in the trespass, as fraud, malice, or oppression.</p> <p>In the absence of such circumstances, the rule is, compensation merely, and this refers solely to the injury done to the property, and not to collateral or consequential damages resulting to the owner. And the measure of relief is matter of law.</p> <p>But where the trespass is committed from wanton or malicious motives, or a reckless disregard of the rights of others, or under circumstances of great hardship and oppression, the rule of mere compensation is not enforced, and the measure and amount of damages are matters for the jury alone, and they may award punitive or exemplary damages.</p> <p>The rule of compensation merely, as distinguished from the rule of exemplary damages, applies, even though the writ, under which the officer committed the trespass, were void—there being no circumstances of aggravation.</p>