Berman v. C. I. T. Corp.

Superior Court of Pennsylvania

Berman v. C. I. T. Corp.

186 A. 268, 122 Pa. Super. 130, 1936 Pa. Super. LEXIS 74

Superior Court of Pennsylvania·Decided May 6, 1936·No. Appeal, 149·Published

Opinion

Per Curiam,

The facts in this case, as disclosed by the evidence, are very similar to—in fact, almost identical with— those in the case of Stone v. C. I. T. Corporation,— (this defendant), 122 Pa. Superior Ct. 71, 184 A. 674. The main difference is in the form of action. That was in trespass, while this is replevin. Exemplary or punitive damages may also be recovered in replevin. See Ladner v. Forman & Friess, 107 Pa. Superior Ct. 245, 163 A. 359; Herdic v. Young, 55 Pa. 176.

The Stone case justifies the submission of the question of punitive damages to the jury. The Ladner and Herdic eases support the position that it is not necessary to separate punitive from compensatory damages in the verdict.

Judgment affirmed.

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Per Curiam,

The facts in this case, as disclosed by the evidence, are very similar to—in fact, almost identical with— those in the case of Stone v. C. I. T. Corporation,— (this defendant), 122 Pa. Superior Ct. 71, 184 A. 674. The main difference is in the form of action. That was in trespass, while this is replevin. Exemplary or punitive damages may also be recovered in replevin. See Ladner v. Forman & Friess, 107 Pa. Superior Ct. 245, 163 A. 359; Herdic v. Young, 55 Pa. 176.

The Stone case justifies the submission of the question of punitive damages to the jury. The Ladner and Herdic eases support the position that it is not necessary to separate punitive from compensatory damages in the verdict.

Judgment affirmed.

Berman v. C. I. T. Corp., 186 A. 268, 122 Pa. Super. 130, 1936 Pa. Super. LEXIS 74 (Pa. Ct. App. 1936).

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Opinion

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