Houran v. Whitney

Citations

• 24 Ohio C.C. Dec. 523

Syllabus

<p>TRESPASS — VERDICT.</p> <p>Finding on Interrogatory in Malicious Trespass on Real Estate that Defendants were not Guilty of Intentional Wrongdoing or Actual Malice not Inconsistent with General Verdict for Plaintiff, Including Punitive Damages.</p> <p>In an action to recover damages for an alleged -wanton and malicious trespass on real estate, in which the jury returns a renoval verdict for the plaintiff, and 'assesses the actual damages and the punitive damages separately, and further states, in answer to an interrogatory submitted, that it does not find the defendants were guilty of intentional wrongdoing or actual malice, the plaintiff is entitled to a judgment for the full amount of the general verdict, as such special finding does not exclude a conclusion that the defendants acted wantonly, or in reck- ■ less disregard of the rights of the plaintiff, and it is not, therefore, irreconcilable with the general verdict.</p> <p>[Syllabus by the court.]</p>