The Montgomery advertiser., 1905-09-28

of an allegation in the complaint that inc trespass was committed without her consent.
 is. same; same; punitive damages In such case, charge of the court to the jury that "the law imposes punitive damages as . punishment" Is correct 20. Same; same; abstract cnarses.- In such case, charges given the Jury at the request of the plaintiff which as- sune that the house on the premises was moved by the defendant, are erro- nous, there being no evidnce that the
 defendant moved the house, but only part of it.
 2i. Same; same; damages recoverable In such case, a charge given the Jury
 at the request of the plaintiff that 1T
 they find for plaintiff they should give
 her such damages as would compensate
 her for all the inconvenience, physical pain, suffering or mental anguish proximately caused by defendants act, | is proper.
 22 Same; same; same.--In such case,
 a charge that If the jury find for the plaintiff in estimating her damages | they may take into consideration the | character of the weather, the condi- | ton of the house or room in. which she | stayed. any exposure caused to her
 proximately thereby, any suffering
 which the evidence showed resulted to
 hef therefrom or for any disease, if the | evidence shows any disease was proxi-
 mately caused therefrom," is proper. | 2s. Same; same; allegations of com plaint.--In such case the allegations Of
 the complaint must describe the acts | of violance. so that issue may be taken | thereon, and the proof must correspond
 with the allegations,
 24 Same; same; punitive damages; when recoverable.--In such case, punt- | tive damages are recoverable only when the wrongful act was done wan | tonly or maliciously or with circun-
 stances of aggravation.
 25. Same; same; rights of landlord In such case. after the expiration of the term of tenacy, the landlord is not guilty of trespass by entering on the premises. but he may make himself liable by acts of violence, or unneces-
 sary force after he enters.
 26. Same; same; damages recoverable.
 In such case. the damages recover
 able by the tenant are only those which
 he sustains. that Is. the value of the
 damage to the leasehold, and such
 damages as the tenant may personally
 sustain and not the damage to the free-
 hold of the landlord.
 27. Same; same; evidence of value of property destroyed--In such case where damage is claimed for the de- struction or injury of personal prop erty. the value of the property de- stroyed or the extent of the injury should be proved, In order to enable the jury to render an intelligent yer. dict.
 2S. Same; same; demise, what is.-- Tn such case, a requested instruction that a verbal lease from month to month or for less than 6 year is not a demise" is erroneous and properly re- fused.
 29. Same; same; duty of jury.--In | such case. a requested instruction that l the jury must weigh the evidence fair 1 1y and impartially, without partiaiity | or passion, is properly refused, as 1t l is not to be presumed that they will do | otherwise and such an instruction is | not a matter of right, especially as in l the absence of a full statement of the l oral charge of the court. 1t will be pre- stunned that the jury were properly in- | structed In that particular.
 Reversed and remanded. |
 Simpson. J. -I