No. 12—2271.

#### Cornelia J. Chadwick et al. v. Alvina C. McKee.

An action of trespass for breaking and entering the plaintiff’s dwelling house, and also for taking and carrying away divers goods and chattels belonging to the plaintiff. At the trial before the court and a jury, defendants Cornelia J. Chadwick and Loren Chadwick only were convicted, and the plaintiff’s damages were assessed against them at $5,000. For this sum and costs the plaintiff had judgment. The court is of the opinion that the damages are clearly and largely excessive. Host of the damages awarded are manifestly punitive, as it would he difficult, upon any reasonable view of the evidence, to estimate the plaintiff’s actual or compensatory damages at more than one tenth of the sum given .by the jury, and there is very little, if any basis in the evidence for the imposition of punitive damages, at least as against Cornelia J. Chadwick. While in cases of this character, the measure of damage is, to a certain extent, within the discretion of the jury, yet it is the duty of the court to see that the verdict is not oppressive, and that it is the clear and deliberate judgment of the jury, uninfluenced by any improper motives: Lockwood v. Onion, 56 Ill. 512.

Judge below, Joseph E. Gary.

Attorneys, for plaintiffs in error, Hessrs. HcOoy, Pope & HoCoy ;

for defendant in error, Hr. W. S. Harbert and Hr. W. P. Black.

Opinion filed March 31, 1886.

Opinion Per Curiam.