Plant v. Thompson

Action to recover actual and punitive damages for personal injuries received by plaintiff when a passenger on defendant's train. The jury returned a verdict for $20,000 actual damages, but found no punitive damages. Defendant's motion for a new trial was overruled and this appeal followed.

Appellant's defense was based on an assumption of risk provision in the pass on which respondent was riding. She lived with her family in Los Angeles, California; her husband was an employee, motorman, of the Pacific Electric Railway. Her mother, at Corning, Arkansas, was sick and respondent's husband…