Where certain property has a peculiar value to a person recovering damages for a deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer.
S.D. Codified Laws § 21-1-8
Peculiar value of property to plaintiff considered in damages against defendant with notice or willful wrongdoer
Applied in 1 court decision — leading case State v. Martin (2006)
Most recently applied in State v. Martin (November 2006)
Source: CivC 1877, § 1981; CL 1887, § 4614; RCivC 1903, § 2326; RC 1919, § 1998; SDC 1939 & Supp 1960, § 37.1709.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.