Voves v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from a judgment of tbe District Court for Richland County, Allen, J. Affirmed as to one appellant and reversed as to. the other. Punitive damages cannot be awarded against the defendant company, and only compensatory damages if any should be given against defendant Giddings. Doerheofer v. Shewmaker, 123 Ky. 646, 97 S. W. 7; Georgia R. & Electric Co. v. Davis, 6 Ga. App. 645, 65 S. E. 785..
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Appeal from a judgment of tbe District Court for Richland County, Allen, J. Affirmed as to one appellant and reversed as to. the other. Punitive damages cannot be awarded against the defendant company, and only compensatory damages if any should be given against defendant Giddings. Doerheofer v. Shewmaker, 123 Ky. 646, 97 S. W. 7; Georgia R. & Electric Co. v. Davis, 6 Ga. App. 645, 65 S. E. 785.. Punitive damages are not matter of right or compensation, but are allowed in proper cases as a punishment or deterrent. Lake Shore & M. S. R. Co. v. Prentice, 147 IT. S. 101, 37 L. ed. 97, 13 Sup.…
1Opinion of the CourtGoss, J.
This action is to recover damages resulting from an assault and battery by defendant Giddings, inflicted on the plaintiff, Voves, while the plaintiff was riding in a passenger coach of the defendant company from Breckenridge to Wahpeton. The plaintiff has made both the conductor and the company employing him defendants in a suit for $2,000 alleged damages. Plaintiff’s version of the affair, as related in the testimony of himself and witnesses, is sufficient upon which the jury could have found an unprovoked, unwarranted, and malicious assault to have been made upon him by defendant Giddings.…
2Cases cited6 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Spokane Truck & Dray Co. v. HoeferWashington Supreme Court · 1891
- Dillingham v. RussellTexas Supreme Court · 1889
- Toledo, St. L. & W. R. Co. v. GordonCourt of Appeals for the Seventh Circuit · 1906
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3Cited by8 opinions
- Rickbeil v. Grafton Deaconess HospitalNorth Dakota Supreme Court · 1946
- Gill v. SellingOregon Supreme Court · 1928
- Mahanna v. Westland Oil CompanyNorth Dakota Supreme Court · 1960
- Southern Pacific Co. v. BoyceArizona Supreme Court · 1924
- Columbus Railway, Power & Light Co. v. HarrisonOhio Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.