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.