Brooks v. Jamesville & Washington Railroad
Supreme Court of North Carolina
Action for damages, beard before Craves, J., and a jury at Pall Term, 1898, of Beaufort Superior Court. The facts are the same as those of Hansley v. Railroad, page 602, supra. Defendant appealed from the judgment for plaintiff.
1Dissent
Clare;, J.
(dissenting): When damages are special, and do not necessarily accrue from the act complained of, the facts out of which they arise must be specially averred in the pleadings. But exemplary damages are not the subject of a claim in the sense that it is necessary to make an averment thereof in the complaint. Such damages may be allowed by the jury without being specially pleaded, if they find that the injury complained of was committed in such a *625manner as justifies the addition of punitive or exemplary-damages to the compensatory damages allowed. 1 Boone on Code Pleading, §140;…
2Cases cited14 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Johnson v. . AllenSupreme Court of North Carolina · 1888
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