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27 Minn. 308

Boetchier v. Staples

Supreme Court of Minnesota

Decided November 9, 1880

Supreme Court of Minnesota · decided 1880-11-09

Appeal by defendant from ap order of the district court for Washington county, Crosby, J., presiding, refusing a new trial. The action was for damages for an aggravated assault and battery.

Relies on McCarthy v. Niskern · State v. Batchelder · Fox v. Stevens

Good law ✅— No negative treatment on recordhow we know

Decided 1880-11-09

How this case has been cited

Cited by 4 later decisions — most recently September 1922

4 state decisions

1018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gilfillan, C. J.

¶1It is fully settled by the decisions of this court that in actions for torts, where there has been fraud, malice or oppression on the part of the defendant, the jury may allow what are denominated exemplary or punitive damages — that is, damages beyond the mere pecuniary loss or injury to the plaintiff, and intended as in some measure a punishment upon the defendant for the wrong done, and as an example to deter others from similar acts. Lynd v. Picket, 7 Minn. 128, (184;) Fox v. Stevens, 13 Minn. 272; Seeman v. Feeney 19 Minn. 79; McCarthy v. Niskern, 22 Minn. 90.

¶2The rule, according to the great mass of authorities, applies as well where the wrongful acts of the defendant bring him within the law for punishing crimes, as where they are less aggravated in their character. The rule is so well estab*309lislied that, whatever may be the abstract reasons for or against it, it must be adhered to till changed by the legislature.

¶3Order affirmed.

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