Jacque v. Steenberg Homes

1997

Court: WI Supreme Court

Facts: Steenberg moved a mobile home across the Jacque property, in spite of explicit warnings not to do so.

Posture: A ticket was issued by the Sherrif, then the Jacques sued in tort: got $1 in nominal damages, $100,000 in punitives.

Issue: Can there be punitive damages when no real nominal damages are found?

Holding: Yes.

Rule: The right to exclude others is a defining characteristic of property. A right is hollow if the legal system does not provide means to protect it.

Reasoning: The court just sort of announces that punitives are OK here, without explaining why they're not OK in libel. But there are a lot of factors in play here.

Dicta: