¶1The opinion of the court was delivered by
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¶5Judgment reversed and cause'remanded.
45 Vt. 289
Decided January 15, 1873
Supreme Court of Vermont · decided 1873-01-15
<p> Exemplary Damages. </p> <p>The imposition of a fine in a criminal proceeding for assault and battery, will not bar or mitigate the party’s liability to exemplary damages in a civil suit for the same act.</p> <p>Such damages are recoverable with the ordinary damages, under the common allegation that the act declared for was done to the damage of the plaintiff.</p> <p>The expenses of the plaintiff for counsel fees, and other trouble in the suit not taxable costs, are nob a proper element of exemplary damages. Earl et uoo. v. Tupper, ante, 275.</p>
Key passage — most relied on by later courts
““Exemplary damages grow entirely out of the nature of the act of the defendant for which the plaintiff recovers. They are given in enhancement, merely, of the ordinary damages, on account of the bad spirit arid wrong intention of the defendant manifested by the act, and are recoverable with the ordinary damages, under the common allegation that the act declared for was done to the damage of the plaintiff.””
quoted by 1 later decision, including Peers v. Nevada Power, Light & Water Co.
Good law ✅— No negative treatment on recordhow we know
Decided 1873-01-15
Cited by 17 later decisions (1 by the Supreme Court) — most recently February 1988
15 state decisions
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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¶1The opinion of the court was delivered by
¶2
¶3
¶4
¶5Judgment reversed and cause'remanded.