Day v. Woodworth, 54 U. S. 363 (1851)


Facts of the Case
The suit was brought by the owner of a mill dam below against the owners of a mill above for forcibly taking down a part of the dam, upon the allegation that it injured the mill above.

Question
In actions of trespass, may a jury give exemplary or vindictive damages depending upon the peculiar circumstances of each case?

Conclusion
Juries may award punitive damages.  “In actions of trespass, where the injury has been wanton and malicious, or gross and outrageous, courts permit juries to add to the measured compensation of the plaintiff which he would have been entitled to recover, had the injury been inflicted without design or intention, something farther by way of punishment or example, which has sometimes been called 'smart money”.