Williams v. Reil

Illinois Supreme Court

Williams v. Reil

20 Ill. 147

DecidedApril 15, 1858

StatusPublished

This text of 20 Ill. 147 (Williams v. Reil) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. Reil, 20 Ill. 147 (Ill. 1858).

Pincite

Opinion

Breese, J.

The ninth instruction asked by the defendant, in these words: “ If the jury should find the defendant guilty, they should not allow the plaintiffs damages beyond what they really sustained by the defendant’s cattle and hogs-trespassing, unless it is proved that the defendant was willing that his cattle and hogs should trespass upon the plaintiffs’ crops,” should have been given by the court. ,

It states the true rule, as we understand it, in such cases, that unless the trespass was willful, vindictive damages cannot be given. The court should so have instructed the jury.

The-judgment is reversed, and the cause remanded for further proceedings in conformity to this opinion.

Judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Breese, J.

The ninth instruction asked by the defendant, in these words: “ If the jury should find the defendant guilty, they should not allow the plaintiffs damages beyond what they really sustained by the defendant’s cattle and hogs-trespassing, unless it is proved that the defendant was willing that his cattle and hogs should trespass upon the plaintiffs’ crops,” should have been given by the court. ,

It states the true rule, as we understand it, in such cases, that unless the trespass was willful, vindictive damages cannot be given. The court should so have instructed the jury.

The-judgment is reversed, and the cause remanded for further proceedings in conformity to this opinion.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

20 Ill. 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-reil-ill-1858.