Kimball v. Holmes

60 N.H. 163

• Court: Supreme Court of New Hampshire
• Decided: June 5, 1880
• Status: Published

Opinion

Smith, J.

In a civil action founded on a tort, nothing but compensatory damages can be awarded, but tbe injured party is entitled to full compensation for all the injury sustained, mental as well as material. In some cases, compensation for tbe actual material damage sustained will be full compensation. In other cases, tbe material damages may be trivial, and tbe principal injury be to tbe wounded feelings from tbe insult, degradation, and other aggravating circumstances attending tbe act. Tbe recent cases of Fay v. Parker, 53 N. H. 342, and Bixby v. Dunlap, 56 N. H. 456, may be regarded as settling tbe law on this subject in this state. Tbe award, as we construe it, compensates tbe plaintiff for tbe -damage be has sustained by tbe injury to bis property, and for bis mental damage by reason of tbe defendant’s malice; and there is nothing in tbe award that shows that it was intended as a punishment for violation ‘of criminal law.

Exceptions overruled.

Stanley, J., did not sit: tbe others concurred.