Barnard v. Cohen
| Decision Date | 24 April 1917 |
| Citation | 165 Wis. 417,162 N.W. 480 |
| Parties | BARNARD v. COHEN ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.
Action by James Barnard against I. W. Cohen and others. Judgment for plaintiff, and he appeals. Affirmed.
Action for libel. The case was submitted to the jury under proper instructions, and the jury returned the following verdict:
“We, the jury, duly impaneled to try the issues in the above-entitled action, find for the plaintiff James Barnard and assess his damages as follows:
+--------------------------+
¦Compensatory damages ¦
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¦ ¦______ ¦
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¦Punitory damages ¦$300.00”¦
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Thereupon plaintiff moved: (1) For judgment in his favor; (2) that the verdict be amended by inserting the words “six cents” in the space reserved for compensatory damages; and (3) in case both motions be denied, for a new trial. Defendants moved for judgment upon the verdict. The trial court denied all of the motions, and upon its own motion amended the verdict by inserting the words “six cents” in the space reserved for compensatory damages, and entered judgment upon the amended verdict for plaintiff for the sum of six cents damages and six cents costs. From the judgment so entered, plaintiff appeals.Hill & Spohn, of Madison, for appellant.
Jones & Schubring, of Madison, for respondents.
ROSENBERRY, J. (after stating the facts as above).
[1] There was a demurrer to the complaint, which was overruled. The defendant assigns this as error, but in the view we take of the case that question is immaterial. An erroneous judgment will not be reversed where recovery is for no more than a nominal amount. Riess v. Delles, 45 Wis. 662.
[2] The principal question presented is: In an action for libel, can there be a recovery of punitory damages if only nominal compensatory damages are found? Upon this question there is a conflict in the authorities. In the following cases it is held there may be such recovery: McConathy v. Dick, 34 Colo. 461, 83 Pac. 135, 4 L. R. A. (N. S.) 358, 7 Ann. Cas. 896;Lampert v. Drug Co., 238 Mo. 409, 141 S. W. 1095, 37 L. R. A. (N. S.) 533, Ann. Cas. 1913A, 351. The following cases hold that there may not be such a recovery: First National Bank v. Kansas Grain Co., 60 Kan. 30, 55 Pac. 277;Kuhn v. C., M. & St. P. Ry. Co., 74 Iowa, 137, 37 N. W. 116;Meidel v. Anthis, 71 Ill. 241. This court is...
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Jacque v. Steenberg Homes, Inc.
...Then, we analyze the rationale supporting the rule in light of these interests. ¶16 The general rule was stated in Barnard v. Cohen, 165 Wis. 417, 162 N.W. 480 (1917), where the question presented was: "In an action for libel, can there be a recovery of punitory damages if only nominal comp......
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Robison v. Lescrenier
...are awarded for the underlying cause of action. To support this position, they cite to the early Wisconsin case of Barnard v. Cohen, 165 Wis. 417, 162 N.W. 480 (1917). We decline to pass on this issue, however, because the defendants failed to object to the following instruction either befo......
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Shell Oil Co. v. Parker
...Elevators Co. v. Russell, 123 Tex. 128, 70 S.W.2d 397 (1934); Piper v. Duncan, 131 S.W.2d 397 (Tex.Civ.App.1939); Barnard v. Cohen, 165 Wis. 417, 162 N.W. 480 (1917). However, in a great many of the cases in this area, there was a failure in pleading or proof or an affirmative finding of an......
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Hewett v. Samuels
... ... St. 338, 82 N.E. 878.) ... Exemplary ... damages cannot be recovered without proof of actual damages ... (17 C. J. 974; Barnard v. Cohen, 165 Wis. 417, 162 ... N.W. 480.) ... Exemplary ... damages can only be recovered in case of proof of actual ... malice. (37 C ... ...