Memphis & Cincinnati Packet Co. v. Nagel
Court of Appeals of Kentucky
Case 2 — PETITION ORDINARY APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. This was an action for breach of contract, and even though the failure to perform was wilful, it was error to give an instruction authorizing punitive damages.
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Case 2 — PETITION ORDINARY APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. This was an action for breach of contract, and even though the failure to perform was wilful, it was error to give an instruction authorizing punitive damages. (1 Sedgwick on Damages, (8 ed.), vol.l, sec. 370; Idem, sec. 98; Idem,vol. 2,sec. 864; Schouler on Bailments and Carriers (2d ed.) sec. 636; 5 Lawson’s Rights, Remedies and Practice, p. 4306; Miles v. Miller, 12 Bush, 134; 4 Am. • Railroad and Corporation Rep., p. 659; 5 Am. and Eng. Ency. of Law, p. 21; Walsh v. Chicago, &c., R. Co., 42 Wis., 23; Ky. Cent. R.…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
The appellee was a passenger on the steamer Buckeye State, belonging to the Memphis & Cincinnati Packet Company, and employed by them in the passenger trade as a common carrier between Memphis, Tenn., and Cincinnati, *11Ohio, appellee taking passage at Paducah, Ky., for New Albany, Ind., paying the fare demanded and securing her ticket to that place. These facts are admitted by the pleadings. The captain of the steamer refused to land at New Albany and permit appellee to get off his boat, but against her earnest protest and entreaty carried her…
2Cases cited2 opinions
- Lou. & Nash. R. R. v. BallardCourt of Appeals of Kentucky · 1889
- Lou. & Nash. R. R. v. BallardCourt of Appeals of Kentucky · 1887
3Cited by12 opinions
- Briner v. HyslopSupreme Court of Iowa · 1983
- W. T. Grant Company v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1928
- Louisville & Nashville R. R. v. ScottCourt of Appeals of Kentucky · 1911
- National Bond & Investment Co. v. WhithornCourt of Appeals of Kentucky (pre-1976) · 1938
- Illinois Central Ry. Co. v. WinslowCourt of Appeals of Kentucky · 1905
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