Hines v. Witherspoon
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The verdict is excessive under the testimony, and the court erred in giving instruction No. 2 for plaintiff, the effect of which was to increase the verdict. 100 Ark. 356; 103 Id. 558; 69 Id. 402; 89 Id. 558. Nothing should have been allowed for mental pain or suffering.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The verdict is excessive under the testimony, and the court erred in giving instruction No. 2 for plaintiff, the effect of which was to increase the verdict. 100 Ark. 356; 103 Id. 558; 69 Id. 402; 89 Id. 558. Nothing should have been allowed for mental pain or suffering. Mere inconvenience or physical suffering even would not justify a recovery for mental pain. 65 Ark. 177. The evidence justifies the vedict and appellee was entitled to recover more than nominal damages. 81 Ark. 431; 103 Id. 561; 131 Id. 48. There was no error in the…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action against the Director General of Railroads, in charge of the lines of the Chicago, Rock Island & Pacific Railroad Company, to recover compensation for injuries resulting from alleged negligence of the employees in directing her to embark on the wrong train, thus interrupting her journey and causing suffering and inconvenience. She recovered judgment below for the sum of $800, and an appeal has been prosecuted to this court by the Director General of Railroads.
Appellee resided at Witherspoon, a station on the line of the Missouri Pacific Railroad not far from…
2Cited by1 opinion
- Davis v. WellsSupreme Court of Arkansas · 1923