The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-06
vcrdicts for Heavy Damages.

Kitson agt. Playfair will always be
memorable not only In connection with
the question OF privilege in libel and
SANDER. but with that Of Excessive"
damages. Twelve thousand pounds for
this offence is certainly the "record"
sum; only five were claimed. Perhaps
the most interesting case on the latter
subject is one In i77s., reported by Black
stone, who was one OF the judges.
In Leith and Pope "a young Scotch
bsronet being distressed for ready
money!" and not over delicate In the
means of obtaining IT, borrowed &36O0 of
Pope, and gave the latter as security,
among other things, bill OF sale of all
his goods; but Leith was TO "retaln some
to furnish his country house at Ship
lake" Accordingly "he sent openly in q
wagon drawn by his coach horses a large
quantity OF goods 10 shplake, but Pope,
who stood by and saw the inventory made
by LADY Le!tb, without giving any OBJ
struction, complained that Sir A. had
deceived him" In the mean time Leith
brought two actions for usury against
Pope, who therenpon "made an infor-
nation upon oath against Sir Alexander
for horse stealing. broke open his house
and sta bles at Shiplske by search war
rant, and carried him before sir John
Fielding as a felon." Hope then "in-
dicted sir A. capitally at the Old Bailey
for stealing all the goods before men,
toned and also three coach geldings. On
the trial OF which Pope, being cross ex-
amined, confessed that the true reason
OF this prosecution was to get rid of the
actions of usury. Upon which Sir A.
was acquitted, and had a copy of mis- in
dictment granted" Leith then brought
an action for malicious prosecution against
Pope and recovered $4,000 damages
which represented much larger sum 120
years ago than IL does now.
There was motion for a new trial, one
ground being "the outrageousness OF the
damages, which exceeded (it was ssidl
all example," Dr. Grey, L. j., who
tried the action, "reported viva voce the
case as IL appeared In the trial" and con-
Cured in the judgment of three judges,
which was "Thst In cases OF cost the
court will not interpose on account OF the
largeness of damages, unless they are SO
hagrantly excessive as to AFFORD an in
ternal evidence OF the prejudice and par
tiality OF the jury. That is, unless they
are most outrageously disproportionate,
either to the wrong received or to the
situstion and circumstances of cit her the
plaintiff or the defendant. The
defendant appeared upon evidence to be
exceedingly wealthy. In possession,
upon record, of seventy-seven jud dgments,
TO the amount of more than Rl00, 600
pounds; In the actual receipt OF near $4,000
per annum annuitics for young gentle
mems lives. In an action for tres pass in
1914 the plaintiff was shooting on his own
estate when the "defencant, a tanker, q
magistrate and a member Of Parliament,
who had dined and drank freely after
taking the same diversion OF shooting"
insisted on joining the formers party, and
threatened to "commit him, the court
held that $500 was not excessive damsges.
81 remem ber," said Heath, j., "a case
where jury gave 600 pounds damages
the cour, refused a new trial. IL
goes TO prevent the practice OF dueIling
IL jurios are permitted TO punish insult
by exemplary damages. "-Phila. Gazette.