Loose-Wiles Biscuit Co. v. Jolly
Supreme Court of Arkansas
Appeal from Crawford Circuit Court, James Cochran, Judge; There is no allegation of negligence in the complaint, and the action is simply one for punitive damages, and appellant’s demurter should have been sustained. 135 Ark. 621; 98 Ark. 261; 70 Ark. 226; 58 Ark. 407. A verdict should have been instructed for appellant, as there is no evidence that the injuries were inflicted wilfully and wantonly and maliciously.
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Appeal from Crawford Circuit Court, James Cochran, Judge; There is no allegation of negligence in the complaint, and the action is simply one for punitive damages, and appellant’s demurter should have been sustained. 135 Ark. 621; 98 Ark. 261; 70 Ark. 226; 58 Ark. 407. A verdict should have been instructed for appellant, as there is no evidence that the injuries were inflicted wilfully and wantonly and maliciously. The action is not grounded on negligence but wantonness, wilfulness and malice. Shearman & Red. Neg. 5th Ed. vol. 1, par. 7; 20 N. E. 147; 94 Ind. 46; 49 N. E. 445; 88 111. 431;…
1Opinion of the CourtSmith, J.
The complaint in this cause contained allegations to the following effect: That the defendant is a corporation organized and doing business under the laws of the State of Missouri; that on January 4, 1921, plaintiff was driving a single horse, in a one-seated-buggy, accompanied by her two infant children; that she was driving along the public road and across a certain bridge, when one of defendant’s servants and agents drove up behind her, in one of the company’s automobiles, on the company’s business, at a high and dangerous rate of speed; that when she became aware of the approach of the…
2Cases cited6 opinions
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Gorton v. HarmonMichigan Supreme Court · 1908
- Chicago, Rock Island & Pacific Railway Co. v. StateSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. Cooper & RossSupreme Court of Arkansas · 1915
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3Cited by5 opinions
- F. Kiech Manufacturing Co. v. JamesSupreme Court of Arkansas · 1924
- Mechanics' Lumber Co. v. Yates American MacHine Co.Supreme Court of Arkansas · 1930
- Desoto Life Insurance Company v. JeffettSupreme Court of Arkansas · 1948
- North American Provision Co. v. Fischer Lime & Cement Co.Supreme Court of Arkansas · 1925
- McConnell v. McCordSupreme Court of Arkansas · 1926