Alcorn v. Mitchell
63 Ill. 553 (1872)
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Rule of Law:
A court may uphold substantial punitive damages for acts of extreme personal indignity, especially when committed maliciously and publicly, to deter such conduct, preserve public tranquillity, and prevent resort to personal violence.
Facts:
- A trial for a trespass action took place between the appellant and appellee in the circuit court of Jasper county.
- Immediately upon the adjournment of the trial, in the courtroom and in the presence of a large number of persons, the appellant deliberately spat in the face of the appellee.
- The trial court awarded the appellee damages of $11,000.
- The appellant appealed the judgment, primarily arguing that the $11,000 in damages were excessive.
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Issue:
Whether an award of $11,000 in damages for an act of deliberate spitting in another person's face, committed immediately after a trial and in a public setting, is excessive.
Opinions:
Majority - Mr. Justice Sheldon
The award of $11,000 in damages for the act of spitting in the appellee's face is not excessive. The Court found the appellant's act to be one of "the greatest indignity," "highly provocative of retaliation by force," and thus warranted "liberal damages" to afford substantial protection and preserve "public tranquillity" by avoiding the necessity of personal violence. The Court reiterated that juries are customarily instructed to give "vindictive damages" where there are circumstances of malice, wilfulness, wantonness, outrage, and indignity. The appellant's act was described as "wholly made up of such qualities," "pure malignity," and "the very refinement of malice," done for the mere purpose of insult. Considering the appellant's wealth, the Court concluded that the amount was not too high for such an indulgence of malicious feelings and perceived no substantial error in the jury instructions or judgment.
Analysis:
This case is significant for affirming the broad discretion of juries to award substantial punitive (vindictive) damages for acts of extreme personal indignity, particularly those committed maliciously and in public. It underscores the judiciary's role in deterring egregious behavior and maintaining public order by providing a legal remedy that discourages self-help justice through violence. The court's consideration of the defendant's wealth in assessing the excessiveness of damages indicates that punitive awards can be tailored to achieve a deterrent effect against individuals of means, thereby solidifying the punitive and exemplary purposes of such damages.

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