The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-30
ROBINSON & PATTIsoN,
CALVIN CONES.

CALVIN GoINGS.
Appeal from the Circuit Court of Tai
lahatchie county. Hon. A. T. Roanc,
Judge.
This suit was instituted before JUS
tice of the peace, by Calvin Goings
against Alexander Pattison and Jerry
Robinson, for $4,000, damages for
taking forcible possession of plaintiff 5
wagon and team, and three bales of cot
ton, and throwing same off the wagon
into warehouse of the defendant"
Judgment by default for one hundred
and fifty dollars was then rendere ed
against the defendants, who thereupon
appealed to the circuit court Judg-
ment was rendered against them in the
circuit court for one hundred and
twenty-five dollars and they appealed to
this court.
The plaintiff started his wagon train
and driver, with three bales of cotton
to be delivered to one Rowan Thayet.
When the wagon reached the store of
Robinson x Pattison, a firm of mer-
chants, Pattison, Robinson not being
present, stopped the wagon, had the
cotton thrown off and rolled into the
shed of Robinson q Pattison. The
driver at first refused 20 throw off the
cotton, saying that his master directed
him to deliver it to Thayer Pattison
called one lucas to throw the cotton off,
saying that he had deed of trust on
the cotton, and would hold it "until
hell froze over" Plaintiff, on the return
of the driver, about dark, started in
search of the cotton, and rode nearly
oil ninht ha j
Plaintiff did not owe defendants any
thing and defendants had no lien or
claim on the cotton. The firm of Rob.
inson q Pattison, however, did have a
deed of trust on all the cotton raised on
the land leased by one Station to one
Belcher, but the land cultivated by
plaintiff, and on which the cotton in
question was raised, was separate tract
from that leased to Belcher, though
near to or adjoining it. When plaintiff
saw Pattison, and explained 10 him
where the cotton was raised he deliv-
cred it to plaintiff, marked it for him,
and shipped it from Robinson & Patti.
sons shed which was. one mile nearer
plaintiffs house than the store, and
plaintiff was thereby saved one miles
hauling. The following was part of an
instruction given for t.ae plaintiff: 'tAnd
If the jury further believe that said
seizure was made in a reckless, insult
ing or oppressive manner, then the jury
may find damages for the plaintiff in
any amount, not exceeding the amount
sued for.
COOPER, G. j., delivered the opinion of
the Court.
The facts of this case warranted the
jury in the inhiction of punitive dam
ages. Whether such damages may be
awarded where there is only nominal
injury inflicted on the plaintiff, it is not
necessary to decide, since the evidence
discloses real injury though uncertain
in extent. One in the ordinary and
lawful prosecution of his business can
not be said to he only nominally injured
by the unwarranted and illegal seizure
and detention of his property by another
so as to interrupt the course of business
of the owner. Pattison acted in the
matter as the agent of the firm; it was
In the prosecution of the firms busi-
ness and under claim of title for the
firm that he seized the cotton and placed
it in their warehouse. Under these cir
cumstances, Robinson, even though he
personally took no part in the illegal
act was equally liable at the suit of the
owner. A6frnled
w. u. Fitzgerald, fer the appellant.
w. S. Eskridge, for the appellee.