Eckert v. Louisville & Nashville Railway Co.

Smith, Judge.

Eckert, the appellant, brought suit against the Louisville & Nashville Railway Co. and others alleging a trespass onto his lands and asking for actual and exemplary damages. During the trial the court directed a verdict in the appellees’ favor removing the issue of additional damages from the jury’s consideration, and the court excluded certain exhibits offered by the plaintiff. These decisions by the trial court are enumerated as error and we reverse.

1. Removing the issue of additional damages from the jury’s consideration was the reversible error. Exemplary damages may be…