Fordyce v. Nix
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Charees W. Smith, Judge. Action by Nix against Fordyce & Swanson, receivers of St. Fouis, Arkansas & Texas Railway Co. The facts are stated in the opinion. 1. A claim for damages for breach of contract cannot be joined in the same complaint with one for exemplary damages growing out of abusive and insulting language used by a conductor, after the station to which plaintiff was bound was passed. Mansf.
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Appeal from Columbia Circuit Court. Charees W. Smith, Judge. Action by Nix against Fordyce & Swanson, receivers of St. Fouis, Arkansas & Texas Railway Co. The facts are stated in the opinion. 1. A claim for damages for breach of contract cannot be joined in the same complaint with one for exemplary damages growing out of abusive and insulting language used by a conductor, after the station to which plaintiff was bound was passed. Mansf. Dig. sec. 5014 ; Bliss, Code PI. sec. 125 ; 53 Barb. 238 ; 33 Ark. 316. 2. Punitive damages ought not in any case to be disproportionate to the actual damages…
1Opinion of the Court
Wood, J-.
Appellee filed his complaint for damages, alleging that he, wife and two daug'hters, left Detroit, Texas, to visit relatives and friends at Buckner, Arkansas, a reg'ular stopping' point on appellants’ railroad ; that they were passengers, having purchased tickets, which conductor received on train ; that the company, disregarding its contract of carriage, refused and failed to stop at Buckner, their destination ; that appellee requested conductor, half mile beyond the station, to back up train and allow them to debark, which he refused to do, using profane and insulting language in…
2Cases cited8 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Graham v. Pacific RailroadSupreme Court of Missouri · 1877
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3Cited by26 opinions
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- McKeon v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Hamburg Bank v. GeorgeSupreme Court of Arkansas · 1909
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