Illinois & St. Louis Railroad & Coal Co. v. Cobb

Citations

• 68 Ill. 53

Syllabus

<p>1. Damages—exemplary, when allowed. In actions for torts to person or property, the jury may, when the evidence shows the trespass to have been malicious, wilful or reckless, give punitive damages.</p> <p>2. Trespass—possession sufficient title as against a wrong-do&r. A person in the actual possession of land will be presumed to be the owner in the absence of proof of title, and may maintain trespass against any one who wrongfully invades his possession.</p> <p>3. Although possession of land may have been wrongfully acquired, this will not justify even the owner in forcibly entering and taking possession.</p>