Shelton v. Bornt

Citations

• 77 Kan. 1
• 93 P. 341
• 1908 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Trespass—Mental Suffering — Immaterial Error. In an action for damages for unlawfully removing plaintiff’s household goods from a dwelling-house into the street, where it is admitted on the trial that under the pleadings plaintiff is not entitled to recover any damages for injury to her property, and it appears that she suffered no physical injury of any kind, and the only claim for damages is based upon mental suffering, fright, humiliation and disgrace occasioned by the acts of defendant in removing the goods, the judgment will not be reversed for alleged error in sustaining a demurrer to the evidence, since it appears that plaintiff was only entitled to nominal damages.</p>