Hutchins v. Munn, 209 U.S. 246 (1908)

Hutchins v. Munn

No. 163

Argued March 10, 1908
Decided March 23, 1908
209 U.S. 246

APPEAL FROM THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

The measure of protection to be given by the undertaking required on issuing a restraining order under § 718, Rev.Stat., is to make good the injuries inflicted upon a party observing the order until it is dissolved, and such undertaking inures to the benefit of a defendant suffering injuries irrespective of the exact time when that party has knowledge of the pendency of the action or appears therein; nor is this protection denied because the only defendant sustaining injuries is a woman and the undertaking is to make good "to the defendant all damages by him suffered."

Findings of an auditor assessing damage on an undertaking should not be set aside by the court unless there has been an error of law or a conclusion of fact unwarranted by the evidence.

The owner of a house in Washington, D.C., who was prevented by a restraining order from completing alterations during the winter months, the house meanwhile being only partially habitable, was held, in this case, to have lost the entire use of the house, and to be entitled to recover on the undertaking the reasonable rental value of the house for the season.

28 App.D.C. 271 affirmed.

The facts are stated in the opinion.