Lou. & Nash. R. R. v. Ballard
Court of Appeals of Kentucky
Case 43 — PETITION OBDINABY APPEAL PROM MARION CIRCUIT COURT. This being an action for breach of contract, and there being no circumstances of oppression or insult, no more than compensation can be awarded.
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Case 43 — PETITION OBDINABY APPEAL PROM MARION CIRCUIT COURT. This being an action for breach of contract, and there being no circumstances of oppression or insult, no more than compensation can be awarded. It was, therefore, error to submit to the jury the question ot exemplary damages, and an outrage on the part of the jury to return the verdict complained of, which was, evidently, the result of passion or prejudice. 1. Tho court should not have allowed the jury to give exemplary damages — certainly not for mere indecorum on the part of the officers of the train. (Singleton v. Kennedy, 9 B.…
1Opinion of the Court
JUDGE HOLT
DELIVERED THE OPINION - OE THE COURT.
The appellee, Lou. E. Ballard, after purchasing a proper ticket, took passage from one intermediate station to another upon a passenger train of the Louisville and Nashville Railroad. It failed to stop at the platform at her place of destination, which was a flag station. It was a down grade at that point, and there is some evidence tending to show that the car-brakes did not operate well, in consequence of which the train ran some fifty or sixty yards beyond the platform, where it was stopped, and the station then announced by the proper person;…
2Cases cited4 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Chamberlain v. ChandlerU.S. Circuit Court for the District of Massachusetts · 1823
- Smith v. PayneCourt of Appeals of Kentucky · 1866
3Cited by15 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Rose v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Savannah, Florida & Western Railway Co. v. QuoSupreme Court of Georgia · 1897
- Western Coach Corporation v. VaughnCourt of Appeals of Arizona · 1969
- Lou. & Nash. R. R. v. BallardCourt of Appeals of Kentucky · 1889
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