Wilson v. Leonard

Leonard recovered, a judgment for $7,500.00 against Wilson for personal injuries sustained *67by reason of the negligence of Wilson in running his automobile against Leonard’s carriage in which Leonard was riding on a public highway. While actionable negligence appears, there is no evidence upon which to base punitive damages, therefore a charge upon punitive damages should not have been given. St. Petersburg & Gulf Railway Co. v. Van Smith, decided, at this term.

The court gave the following charge: “If you find by a preponderance of the evidence that the defendant drove the automobile at the…