
    Butler and Others v. Mercer.
    APPEAL from the Elkhart Court of Common Pleas.
    
      Tuesday, June 12.
    
      E. M. Chamberlain, T. G. Harris, and J. H. Baker, for the appellants.
   Per Curiam.—

Suit for disturbance of the occupancy and possession of a dwelling house, and injury to the same, by breaking the windows, &c. Recovery by the plaintiff.

The Court instructed the jury that if the injury to the house was malicious, they might give vindictive damages. As a malicious trespass is punishable criminally, it is not punishable civilly. Tabor v. Hutson, 5 Ind. R. 322.

The judgment is reversed with costs. Cause remanded, &c.  