International & Great Northern Railroad v. Garcia

Acker, Judge.

Appellee brought this suit to recover ten thousand dollars actual, and twenty thousand dollars exemplary damages, for personal injuries necessitating amputation *208of a leg, alleged to have been occasioned by the negligence of appellant’s agents and employes. The jury returned a verdict for one thousand dollars actual, and five hundred dollars exemplary damages, upon which judgment was entered for appellee.

Opinion adopted March 13, 1888.

Exemplary damages are given as punishment for fraud, malice, gross negligence, or oppression. In the absence of all of these grounds such recovery…