Restriction on subjection to exemplary damages.

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20-11A-5. Restriction on subjection to exemplary damages.

A person of unsound mind cannot be subjected to exemplary damages, unless at the time of the act he was capable of knowing that it was wrongful.

Source: CivC 1877, §24; CL 1887, §2523; RCivC 1903, §24; RC 1919, §90; SDC 1939, §30.0805; SDCL §27A-2-5.


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