Vicksburg Railroad, Power & Manufacturing Co. v. Marlett
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Oliver W. Catchings, Special Judge. Marlett, the appellee, was the plaintiff and the railroad, etc., company, appellant, the defendant in the court below. The opinion states the case. The verdict in this case is excessive. Pine v. St. Paul Oity Pcdlroad Oo., 52 Am. & Eng.
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From the circuit court of Warren county. Hon. Oliver W. Catchings, Special Judge. Marlett, the appellee, was the plaintiff and the railroad, etc., company, appellant, the defendant in the court below. The opinion states the case. The verdict in this case is excessive. Pine v. St. Paul Oity Pcdlroad Oo., 52 Am. & Eng. R. R. Cas., 584. No more force was used in the case at bar than in the one above cited, and the jury could not have been-warranted in finding, in the language of plaintiff’s third instruction, that unnecessary force was used.
1Opinion of the CourtTerral, J.
It has been held in this state that punitive damages may be recovered only in cases where the acts complained of are characterized by malice, fraud, oppression or wilful' wrong evincing a disregard of the rights of others. There must be some element of one or more of the qualities or properties named, relating to the acts made the ground of the action, before exemplary damages can be inflicted. It may be admitted that the ejection of Marlett from the car of appellant was wrongful, but it is clear from the evidence that it was not wilfully or -intentionally wrongful. Conductor Dyer was…
2Cases cited1 opinion
- Pine v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
3Cited by12 opinions
- Smith v. StateMississippi Supreme Court · 1945
- Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
- West Cash & Carry Bldg. Materials v. PalumboMississippi Supreme Court · 1979
- Bradley v. Associates Discount Corp.Mississippi Supreme Court · 1957
- Yazoo & M. v. R. Co. v. MullenMississippi Supreme Court · 1930
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