Phillips v. Atlantic Coast Line R. Co.

(concurring and dissenting) : This is an action for actual and punitive damages which the plaintiff seeks to recover by reason of the alleged breach of a contract for the proper transportation of herself as a passenger en route from Chadbourn in the State of North Carolina to Mullins in the State of South Carolina, a contract admittedly involving rights and obligations in interstate commerce.

Upon a jury trial, a verdict for both actual and punitive damages was returned over the protest of the defendants, particularly as to punitive damages, who have properly presented the contention that, for…