(DOWNLOAD) "Fred E. Roan v. Dale H. Mccaleb" by Supreme Court of Alabama # eBook PDF Kindle ePub Free
eBook details
- Title: Fred E. Roan v. Dale H. Mccaleb
- Author : Supreme Court of Alabama
- Release Date : January 28, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
PER CURIAM. Appellee (plaintiff) recovered a judgment for $1,500, in trover, against appellant (defendant) for the conversion
of a Ford automobile. The highest value of the Ford at the time of the conversion, or thereafter up to the time of trial as
shown by some of the evidence, was $450. The count in trover made no allegation of aggravating circumstances nor did it expressly claim exemplary or punitive damages.
But it is apparent that the jury included an amount for punitive damages since no phase of the evidence justified an award
of $1,500 for compensation. There was no claim for special compensatory damages. Swedenburg v. Copeland, Ala., 82 So.2d 227.
Punitive damages may be recovered in a trover suit the same as in trespass. Rhodes v. McWilson, 192 Ala. 675(7), 69 So. 69;
Howton v. Mathias, 197 Ala. 457, 73 So. 92; Standard Oil Co. v. Davis, 208 Ala. 565(8), 94 So. 754; Brothers v. Brothers,
208 Ala. 258(2), 94 So. 175; B. F. Goodrich v. Hughes, 239 Ala. 373(11), 194 So. 842; Roberson Motors v. Heath, 36 Ala.App.
578, 60 So.2d 862. The aggravating circumstances to justify punitive damages need not be alleged in the complaint. Brothers
v. Brothers, supra; Sparks v. McCreary, 156 Ala. 382, 47 So. 332, 22 L.R.A.,N.S., 1224; Roberson Motors v. Heath, supra.