
    Kimball v. Holmes.
    In trespass for injuring the plaintiff’s horse, if the award of damages is enhanced beyond the actual material damages sustained because the act was accompanied with malice, it will not for that reason be open to the objection that it exposes the defendant to double punishment, if only full compensation is awarded.
    
      Trespass, for beating and injuring tbe plaintiff’s mare witb an axe. Tbe action was defaulted, and referred to a referee to assess tbe damages, wbo reported that tbe defendant committed tbe injury as alleged, and accompanied tbe act witb sucb malicious insults as should enhance tbe damages, and awarded that tbe plaintiff recover the sum of forty dollars. The mare before tbe injury was lame, and of small value. Tbe court ordered judgment on tbe report, and tbe defendant excepted.
    
      E. Fletcher and Benton Hutchins, for tbe defendant.
    
      Bay, Brew Sf Jordan, for tbe plaintiff.
   Smith, J.

In a civil action founded on a tort, nothing but compensatory damages can be awarded, but tbe injured party is entitled to full compensation for all the injury sustained, mental as well as material. In some cases, compensation for tbe actual material damage sustained will be full compensation. In other cases, tbe material damages may be trivial, and tbe principal injury be to tbe wounded feelings from tbe insult, degradation, and other aggravating circumstances attending tbe act. Tbe recent cases of Fay v. Parker, 53 N. H. 342, and Bixby v. Dunlap, 56 N. H. 456, may be regarded as settling tbe law on this subject in this state. Tbe award, as we construe it, compensates tbe plaintiff for tbe -damage be has sustained by tbe injury to bis property, and for bis mental damage by reason of tbe defendant’s malice; and there is nothing in tbe award that shows that it was intended as a punishment for violation ‘of criminal law.

Exceptions overruled.

Stanley, J., did not sit: tbe others concurred.  