Louisville & Nashville Railroad v. Brooks' Adm'x
Court of Appeals of Kentucky
Case 20 — PETITION ORDINARY — ‘ APPEAL EROM MARION CIRCUIT COURT. 1. In actions under section 3 of chapter 57, General Statutes, for willful neglect, the jury may or may not, in their discretion, give pu■nitive damages, and it was error in this case to instruct the jury that they “should" give punitive damages, if they should find will:ful neglect.
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Case 20 — PETITION ORDINARY — ‘ APPEAL EROM MARION CIRCUIT COURT. 1. In actions under section 3 of chapter 57, General Statutes, for willful neglect, the jury may or may not, in their discretion, give pu■nitive damages, and it was error in this case to instruct the jury that they “should" give punitive damages, if they should find will:ful neglect. (General Statutes, chapter 57, section 3; Act 1854, 3 Stanton's Rev. Stats., page 510; L. C. & L. R. R. Oo. v. Case’s Adm’r, 9 Bush, 783; Chiles v. Drake, 2 Met., 152; M. & L. R. R. Co. v. Herrick, 13 Bush; Sedgwick on Measure of Damages, 7th ed.,…
1Opinion of the Court
.JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
This is an action by appellee, personal representative, to recover damages for the destruction of the life of Charles Brooks, by the alleged willful neglect of appellant’s agents and servants; and judgment having, in accordance with the verdict of the jury, been rendered for $10,000, a reversal is asked upon-three grounds:
1st. That the verdict is not sustained by the evidence, and is contrary to law.
2d. The damages awarded by the jury are excessive, appearing to have been given under the influence of passion or prejudice.
3d. Tke court erred in…
2Cases cited3 opinions
- Louisville, Cincinnati & Lexington R. R. v. Cavens's administratorCourt of Appeals of Kentucky · 1873
- Louisville & Nashville R. R. v. Filbern's Adm'xCourt of Appeals of Kentucky · 1869
- Hurdt v. CourtenayCourt of Appeals of Kentucky · 1862
3Cited by11 opinions
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Carson v. SmithSupreme Court of Missouri · 1896
- Louisville & Nashville Railroad v. SatterwhiteTennessee Supreme Court · 1903
- Henderson's Adm'r v. Ky. Cent. R. R.Court of Appeals of Kentucky · 1887
- Robinson v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1896
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