St. Louis Southwestern Railway Co. v. Evans
Supreme Court of Arkansas
Appeal from Cross Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. Lena and Arthur Evans, minors, brought suit by next friend, against the railway company, claiming actual and exemplary or punitive damages for injuries resulting from sickness alleged to have been caused by the negligent and wilful failure of the railroad company’s agents to make a fire and keep comfortably warm its station house at Hickory Ridge, on December 19, 1909, when snow was on the ground,…
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Appeal from Cross Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. Lena and Arthur Evans, minors, brought suit by next friend, against the railway company, claiming actual and exemplary or punitive damages for injuries resulting from sickness alleged to have been caused by the negligent and wilful failure of the railroad company’s agents to make a fire and keep comfortably warm its station house at Hickory Ridge, on December 19, 1909, when snow was on the ground, and while they were at said station as passengers intending to take the next train to another station on its line. The…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that there is no testimony, authorizing the assessment of exemplary damages in either case; and that exempláry damages can not be assessed except in cases where actual damages are shown to have resulted from the injury complained of.
Our court has not determined whether exemplary damages can be recovered except as an incident to a claim or judgment for actual damages, although it was said in St. Louis, I. M. & S. Ry Co. v. Pickett, 70 Ark. 228: “Now, the general rule is that a separate and independent action can not be maintained for…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Railway v. HallSupreme Court of Arkansas · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. StampsSupreme Court of Arkansas · 1907
- Little Rock Railway & Electric Co. v. GoernerSupreme Court of Arkansas · 1906
3Cited by9 opinions
- Great American Insurance Company v. RatliffDistrict Court, E.D. Arkansas · 1965
- Diamond Shamrock Corp. v. PhillipsSupreme Court of Arkansas · 1974
- Brown v. Missouri Pacific RailroadCourt of Appeals for the Eighth Circuit · 1983
- Honeycutt v. WaldenSupreme Court of Arkansas · 1988
- Miles v. American Railway Express Co.Supreme Court of Arkansas · 1921
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