Johnson v. Weedman

Citations

• 5 Scam. 494

Syllabus

<p>Error to De Witt.</p> <p>1. Bailment — wrongful use of property. If a bailee for a special purpose use the property for another purpose, without leave of the owner, he is liable as for a conversion; yet this should be understood only of such an use as occasions an injury or damage; and that damage or injury, and not the value of the property, would be the measure of damages to be recovered, if the property be returned. Where no injury is sustained only nominal damages can be recpvered. (a) </p> <p>2. Same — no injury. Such use of property by a bailee, as is without detriment to the bailor; does no- amount to a conversion.</p> <p>3. Same. Where a horse was delivered by the plaintiff to the defendant, to be agist-ed and fed, for a valuable consideration, and the defendant, without the authority of plaintiff, rode the horse fifteen miles, and the horse died a few hours alterwards, but not in consequence of the riding : Held, that the plaintiff could not sustain an action for trover and conversion. (b) </p> <p>4. New Trial — vindictive damages. Courts will not grant new trials where vindictive damages only, or merely nominal damages, are sought to be recovered, (c) </p>