49 Haw. 116 - Lyon v. Bush

How this case has been cited

Cited by 33 later decisions — most recently October 1999 · most notably State v. Murphy (1978), State v. Apao (1978)

3 federal appellate · 30 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.

¶1CONCURRING OPINION OF

WIRTZ, J.

¶2While I seriously doubt the advisability of the policy of allowing breach of promise actions in this day and age of feminine emancipation, I only too well realize that the determination of such policy is a legislative rather than a judicial function and until our legislature, as so many other state legislatures have done, directs otherwise, this court is bound by precedent. And while I find the amount of punitive damages awarded to be inequitable and harsh, still the evidence, in the light of the pertinent instructions given to the jury (none of which was challenged for error), permitted such a prohibitive award.

¶3Consequently, I am reluctantly constrained to join in and concur with the opinion of the court.