Bohart v. Wilton

DORAN, J. This is an action for damages based on an alleged eviction.

The complaint alleges that, “defendants promised and agreed and executed to plaintiff herein an oral lease, wherein and whereby Apartment 4 of the apartment house located at 2128 South Western Avenue was rented for a month to month tenancy at the rental rate of $19.00 for each month;.” That plaintiff paid the rent and occupied the premises until October 20, 1946, at which time it is alleged that, “during the absence of plaintiff from said premises, and without his consent and against his will, defendants wrongfully entered said apartment and evicted and excluded plaintiff therefrom by [841]removing the padlock from the door, taking and removing all of his personal effects, hereinafter described, out of said apartment and placing another padlock upon said door, and took possession of said apartment and placed another tenant in possession.” It is then alleged that plaintiff, “having chronic bronchitis and a heart ailment, and during the time plaintiff was seeking lodgings, by reason of the wrongful and unlawful acts of defendants, he was forced to walk the streets unprotected from the night air, and contracted a severe cold to the impairment of his frail health and was confined to his bed, where he suffered and is still suffering from the result of the wrongful and unlawful acts of defendants by the eviction as aforealleged, to his damage.” All of which, it is further alleged, was done “with the intent, design and purpose on the part of defendants to embarrass, injure and pain said plaintiff.” Wherefore, the complaint concludes, plaintiff demands judgment for $5,245, and 37 cents (37$) each and every day until possession is restored.

The trial was had with a jury and at the conclusion of plaintiff’s case a motion for a nonsuit was granted. Plaintiff appeals from the judgment that followed.

Quoting from appellant’s brief, “It is the Appellant’s contention that the trial court committed reversal errors of law upon an undisputed record of facts. The issues resolve themselves into certain basic questions:

“1. Does the Appellant, in a cause of action of unlawful eviction, have the legal right to pray for judgment in damages for injuries to his health directly caused by said unlawful eviction?

“2. Does the Appellant, in a cause of action for unlawful eviction have the legal right to compensation for pain and injury as a part of exemplary and punitive damages to be included in a judgment if he prevails in proving an unlawful eviction?