Greif v. Kiewell

Citations

• 33 Ohio C.C. Dec. 153
• 18 Ohio C.C. (n.s.) 450
• 1911 Ohio Misc. LEXIS 271

Syllabus

<p>BUILDINGS — DAMAGES—TRIAL</p> <p>1. Exemplary Damages Allowable for Malicious Destruction of Property.</p> <p>In an action for removing fixtures from a house, whereby the house itself was damaged, the evidence showing malice, lawlessness and unnecessary damage and a malevolent spirit, exemplary or punitive damages may be awarded.</p> <p>2. Measure of Damages to Real Property Difference In Values Before and after Injury.</p> <p>When damage has been done to real property, the measure of damages is the difference in the value of the property before and immediately after the injury occurred.</p> <p>3. Consent to Erroneous Statement In Charge not Bar to Exceptions to Misleading Charge.</p> <p>The consent of the parties in one instance to an erroneous statement of the law, by the court, to the jury, does not bar one of them from complaining of other parts of the charge when the same incorrect statement was made, if the context shows that the charge as a whole was misleading.</p>