Pedah Co. v. Hunt
Decision Date | 17 May 1973 |
Parties | PEDAH COMPANY, an Oregon corporation, Respondent, v. Dennis M. HUNT and Valley Newspapers, Inc., Appellants, David J. Nelson and C. E. Darling, Defendants. |
Court | Oregon Supreme Court |
Theodore R. Kulongoski, Eugene, argued the cause for appellants. On the briefs were Dwyer, Jensen & Naslund, Eugene.
William Frye, Eugene, argued the cause for respondent. With him on the briefs were Husband, Johnson & Frye, Eugene.
Before O'CONNELL, C.J., and McALLISTER, DENECKE, TONGUE, HOWELL, and BRYSON, JJ.
Plaintiff Pedah Company commenced this suit in equity seeking a permanent injunction to restrain defendants from using or publishing under the name 'Valley News.' The complaint also prayed for general and punitive damages. After a trial, the court issued an injunction as prayed for and awarded $500 general damages and $2,500 punitive damages. Defendants appeal.
The first assignment of error states, 'The trial court sitting in equity erred in awarding punitive damages.'
We have not passed on the question of whether punitive damages can be recovered in a suit in equity. We have sanctioned the award of punitive damages by a jury in law actions when the evidence discloses malice and McElwain v. Georgia-Pacific, 245 Or. 247, 249, 421 P.2d 957, 958 (1966). In Van Lom v. Schneiderman, 187 Or. 89, 108, 210 P.2d 461 (1949), the court stated:
* * *'
The majority of jurisdictions which have considered the question have concluded that punitive damages are not recoverable in a court of equity. Annot., 48 A.L.R.2d 947. Justifications commonly relied upon for this rule include:
'* * * (1) a court of equity, in the absence of statutory authorization, is without power to award punitive damages; (2) punitive damages are inconsistent with the principle that equity will award only what is due Ex aequo et bono--in justice and fairness--without regard to the reprehensibility of defendant's conduct; (3) an aggrieved party by suing for equitable relief waives all claims to punitive damages; and (4) an award of punitive damages lies within the exclusive province of a jury and usurpation of that function by the chancellor would deprive defendant of his state-guaranteed constitutional right to a jury trial before punishment. * * *' Note, 63 Colum.L.Rev. 175, 176--177 (1963) (Citations omitted.)
For a discussion of these rationales, see Hodel, The Doctrine of Exemplary Damages in Oregon, 44 Or.L.Rev. 175, 178 (1965).
In Perez v. Central Nat'l Ins. Co., 215 Or. 107, 110, 332 P.2d 1066, 1067 (1958), we stated:
* * *'
See also, dissenting opinions of Justices Denecke and O'Connell in McElwain v. Georgia-Pacific, Supra, and Van Lom v. Schneiderman, Supra. In Noe v. Kaiser Foundation Hosp., 248 Or. 420, 425, 435 P.2d 306, 308, 27 A.L.R.3d 1268 (1967), we stated:
'* * * It is only in those instances where the violation of societal interests is sufficiently great and of a kind that sanctions would tend to prevent, that the use of punitive damages is proper. * * *'
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