Railway Co. v. Daughtry
Tennessee Supreme Court
FROM DYER. Appeal in error from Circuit Court of Dyer County. T. J. Elippin, J. Action brought by R. S. Daughtry, administrator of John W. Daughtry, deceased, against the Kansas City, Memphis and Birmingham Railroad Company and the Kansas City, Port Scott and Memphis Railroad Company for the negligent killing of his intestate. The case was dismissed as to tbe first named company, and there was verdict and judgment for $8,000 against the latter named company.
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FROM DYER. Appeal in error from Circuit Court of Dyer County. T. J. Elippin, J. Action brought by R. S. Daughtry, administrator of John W. Daughtry, deceased, against the Kansas City, Memphis and Birmingham Railroad Company and the Kansas City, Port Scott and Memphis Railroad Company for the negligent killing of his intestate. The case was dismissed as to tbe first named company, and there was verdict and judgment for $8,000 against the latter named company. From this judgment the company appealed and assigned errors. The death of the intestate resulted instantaneously. lie was crushed…
1Opinion of the Court
TurNEY, Ch. J.
The first nine assignments of error are based on the failure of the Court to give in charge requests made before the Court had chai’ged the jury. Under our rule there was no error in the refusal.
It was not error to allow the jury to assess exemplary damages. This question was directly raised and decided in Haley v. Mobile and Ohio *723Railroad Company, 7 Bax., 242. In that case the Circuit Judge instructed the jury that “if plaintiff’s intestate was killed by defendants, and died instantly, no vindictive or exemplary damages could be recovered.” Chief Justice Deaderick, .after a…
2Cited by4 opinions
- Pratt v. DuckCourt of Appeals of Tennessee · 1945
- Shane v. Butte Electric Ry. Co.U.S. Circuit Court for the District of Montana · 1906
- Union Railway Co. v. CarterTennessee Supreme Court · 1914
- Carolina, C. & O. Railroad v. ShewalterTennessee Supreme Court · 1913