Jasper v. Purnell

Citations

• 67 Ill. 358

Syllabus

<p>1. Excessive damages—in case of wilful trespass. Where eleven persons, in the night time, wantonly and forcibly, without permission of the owner, who was a tenant, tore down his house, erected on leased ground, the lease having expired, and removed the building materials, horses, goods and chattels in the building to the public street or square in front of it, and in so doing did some damage to the property: Held, that a verdict assessing the tenant’s damages at $600, would not be set aside as excessive.</p> <p>2. Damages—when exemplm'y may he allowed. In case of a wilful trespass, where the circumstances indicate wantonness and malice, exemplary damages may properly be awarded, and no court should weigh the testimony nicely for the purpose of reducing the amount.</p> <p>3. The fact that the trespasser in such a case may have believed he had the right to do the act complained of, can not be admitted to shield him from just punishment for the wrong committed. He is bound to know the law, and acting without such knowledge must be regarded as reckless.</p> <p>4. Trespass—advice of counsel will not affect the question of damages. The advice of counsel can not be received in a case of wanton and wilful trespass, as affecting the question of damages. Such principle has only been applied in actions for malicious prosecution.</p>