21-3-2. Punitive damages in discretion of jury.In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, or in any case of wrongful injury to animals, being subjects of property, committed intentionally or by willful and wanton misconduct, in disregard of humanity, the jury, in addition to the actual damage, may give damages for the sake of example, and by way of punishing the defendant. Source: CivC 1877, §§1946, 1974; CL 1887, §§4580, 4607; RCivC 1903, §§2292, 2319; RC 1919, §§1965, 1991; SDC 1939 & Supp 1960, §37.1902.
South Dakota Legal Code