“[W]hen under proper allegations a plaintiff proves a willful, wanton, reckless, or malicious violation of his rights, it is not only the right but the duty of the jury to award punitive damages.”
How later courts described this case
- “[W]hen under proper allegations a plaintiff proves a willful, wanton, reckless, or malicious violation of his rights, it is not only the right but the duty of the jury to award punitive damages.”
Written by the judges who cited it.
The opinion
Mr. Justice Carter
(dissenting) : Considering the charge as a whole, I am satisfied that the jury was not misled and that the defendant was not prejudiced. It is, there
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fore, my opinion that the judgment should not be reversed, but should be affirmed.