Davis v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Tunica county. Hon. Samuel 0. Cook, Judge. Davis, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment for $25 in plaintiff’s favor he appealed to the supreme court, contending that his recovery was too small. Appellant took passage on a passenger train of the appellee, and requested to be put off at a flag station called Etters.
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From the circuit court of Tunica county. Hon. Samuel 0. Cook, Judge. Davis, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment for $25 in plaintiff’s favor he appealed to the supreme court, contending that his recovery was too small. Appellant took passage on a passenger train of the appellee, and requested to be put off at a flag station called Etters. The conductor told him that they were going for the first time that evening over a new route a short distance from the old line, but that there were flag stations on the new route…
1Opinion of the CourtWhitsteld, C. J.
This was manifestly a case in which the jury should have 'been allowed to say whether, under all the circumstances, there .was such gross negligence on the part of the railroad company, .such conscious indifference to the rights of the plaintiff and the public, as warranted the imposition of punitive damages, and, ■of course, as a consequence, if punitive damages were allowed, •■such a case as warranted damages for mental suffering. The *543principles controlling are set forth in the cases of Yazoo, etc., R. Co. v. White, 82 Miss. 120, 33 South. 970; Yazoo, etc., R. Co. v. Mitchell, 83 Miss. 179,…
2Cases cited3 opinions
- Illinois Central Railroad v. HarperMississippi Supreme Court · 1903
- Yazoo & Mississippi Valley Railroad v. WhiteMississippi Supreme Court · 1903
- Yazoo & Mississippi Valley Railroad v. MitchellMississippi Supreme Court · 1903
3Cited by2 opinions
- Gulf & Ship Island Railroad v. ColeMississippi Supreme Court · 1911
- Gulf & Ship Island Railroad v. ColeMississippi Supreme Court · 1911