Railway v. Hall
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. J. B. Wood, Judge. The plaintiff Hall s.ued the St. Louis, Iron Mountain and Southei-n Railway Company, alleging that while traveling in a wagon and passing over defendant’s track at a public crossing in Saline county, Arkansas, the employes of defendant in charge of one of its engines then standing on the track at or near said crossing unnecessarily, wantonly and willfully caused the steam to escape from the engine in such manner as to…
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APPEAL from Garland Circuit Court. J. B. Wood, Judge. The plaintiff Hall s.ued the St. Louis, Iron Mountain and Southei-n Railway Company, alleging that while traveling in a wagon and passing over defendant’s track at a public crossing in Saline county, Arkansas, the employes of defendant in charge of one of its engines then standing on the track at or near said crossing unnecessarily, wantonly and willfully caused the steam to escape from the engine in such manner as to frighten the mules plaintiff was driving, so that they ran away, throwing plaintiff out of the wagon and causing him such…
1Opinion of the CourtSandels, J.
Such absence of care by appellant’s servants was inferable from the proof as well warranted a recovery by plaintiff.
1. Exemplary damages — Negmalfce! The cause appears to have been fairly tried upon instL ' A so far as determining the fact of defendant’s liability and ascertaining plaintiff’s compensation were concerned. But we are of opinion that the court erred in giving the third prayer of plaintiff respecting exemplary damages. The testimony does not present a case which demands more of the defendant than compensation. The element of willfulness or conscious indifference to consequences,…
2Cases cited3 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
3Cited by24 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. StampsSupreme Court of Arkansas · 1907
- St. Louis S. F. R. Co. v. CrinerSupreme Court of Oklahoma · 1913
- Chicago, Rock Island & Pacific Railway Co. v. WhittenSupreme Court of Arkansas · 1909
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