SMITHHISLER v. DUTTER

No. 32716.

157 Ohio St. 454 (1952)

SMITHHISLER, APPELLEE, v. DUTTER, APPELLANT.

Supreme Court of Ohio.

Decided May 7, 1952.


Attorney(s) appearing for the Case

Mr. George H. Barnard, for appellee.

Messrs. Critchfield, Critchfield, Critchfield & Johnston and Mr. Britton S. Johnson, for appellant.


STEWART, J.

A single question of law is presented to this court in this appeal. The question is stated by defendant as follows:

"Did the Court of Appeals err in holding that the Court of Common Pleas did not commit prejudicial error in his charge which stated that a finding of implied malice is sufficient to justify an award of punitive damages in an action for alienation of affections?"

So far as the right to compensatory damages is concerned, there...

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