Burns v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
From; the circuit court of Warren county. Hon. J. N. Bush, Judge. Mrs. Bums, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. From a small judgment in plaintiff’s favor, too small to be satisfactory to her, she appealed to the supreme court.
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From; the circuit court of Warren county. Hon. J. N. Bush, Judge. Mrs. Bums, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. From a small judgment in plaintiff’s favor, too small to be satisfactory to her, she appealed to the supreme court. The declaration alleged that plaintiff went to Beeehwood, a flag station of defendant, to take a passenger train for Vicksburg, and that her companion had a lantern and stood on the track and flagged the train as it approached; that the train did not stop, but passed by, leaving plaintiff at the station…
1Opinion of the CourtFletcher, J.
Without deciding the point made as to whether this record as presented warrants us in considering the action of the court be*821low in setting aside the first verdict, we think such action must be sustained on the ground that the verdict of the jury was excessive, a point distinctly averred in the motion for a new trial, and which might well have been the basis of the court’s action. It must be remembered that the jury was limited by the instructions to actual damages, and, though we believe that the question of punitive damages should have been submitted to the jury, yet the verdict must be…
2Cases cited4 opinions
- Edmunds v. MisterMississippi Supreme Court · 1881
- Wilson v. New Orleans & Northeastern R. R.Mississippi Supreme Court · 1885
- Yazoo & Mississippi Valley Railroad v. WhiteMississippi Supreme Court · 1903
- Southern Railway Co. v. LanningMississippi Supreme Court · 1903
3Cited by4 opinions
- Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
- Hadad v. LockebyMississippi Supreme Court · 1936
- Illinois Cent. R. Co. v. WoodsMississippi Supreme Court · 1941
- Illinois Cent. R. v. HawkinsMississippi Supreme Court · 1917