Cumberland Telephone & Telegraph Co. v. Baker
Mississippi Supreme Court
From the circuit court of, second district, Panola county. Hon. J. B. Boothe, Judge. Baker, the appellee, was plaintiff, and the telephone company, the appellant, defendant in the court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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From the circuit court of, second district, Panola county. Hon. J. B. Boothe, Judge. Baker, the appellee, was plaintiff, and the telephone company, the appellant, defendant in the court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was brought in a justice of the peace’s court, and the complaint was that, while plaintiff was a subscriber for a telephone, defendant refused to give him long-distance telephone connection, and took his telephone out of his house and refused to put in another one, and that this was a discrimination against…
1Opinion of the CourtTruly, J.
Under the facts of this case it was error, to submit the question of exemplary damages to the consideration of the jury.
“It has been held in this state that punitive damages may he recovered only in cases where the acts complained of are characterized by malice, fraud, oppression, or willful wrong evincing a disregard of the rights of others. There must be some element of one or more of the qualities or properties named, relating to the acts made the ground of the action, before exemplary damages can be inflicted.” Railroad v. Marlett, 78 Miss., 872 (29 South. Rep., 62). Accepting as true all…
2Cases cited1 opinion
- Vicksburg Railroad, Power & Manufacturing Co. v. MarlettMississippi Supreme Court · 1901
3Cited by4 opinions
- South Cent. Bell v. EppsMississippi Supreme Court · 1987
- Bradley v. Associates Discount Corp.Mississippi Supreme Court · 1957
- Central Louisiana Power Co. v. ThomasMississippi Supreme Court · 1927
- Cumberland Telephone & Telegraph Co. v. AllenMississippi Supreme Court · 1906