Louisville Southern Railroad v. Minogue
Court of Appeals of Kentucky
Case 60 — PETITION ORDINARY APPEAL FROM SHELBY CIRCUIT COURT. 1. Punitive damages are not to be awarded for negligence except where it has. been so gross and reckless, or accompanied with such circumstances of outrage or wrong, as to demand punishment at the hands of the jury; and whether the proof establishes such degree or character of negligence is not exclusively for the jury acting “as they may deem proper; ” but it is an imperative duty of the trial-court to limit the…
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Case 60 — PETITION ORDINARY APPEAL FROM SHELBY CIRCUIT COURT. 1. Punitive damages are not to be awarded for negligence except where it has. been so gross and reckless, or accompanied with such circumstances of outrage or wrong, as to demand punishment at the hands of the jury; and whether the proof establishes such degree or character of negligence is not exclusively for the jury acting “as they may deem proper; ” but it is an imperative duty of the trial-court to limit the finding to compensatory damages, unless the evidence conduces to show circumstances of aggravation demanding punishment.…
1Opinion of the Court
CHIBE JUSTICE HOLT
delivered the opinion op the ooubt.
A train of the appellant was delayed by the air-brakes failing to work. It was overtaken by a construction train of the company, which was known to those in charge of the passenger train to be but a few minutes behind it, and a collision occurred, the only damage to the passenger train being the destruction of the rear platform of its rear car. The appellee, Mary J. Minogue, who was a passenger upon it, was, *373by the jar of the collision, thrown from her seat to the floor of the car in which she was riding, and for the injuries she thereby…
2Cited by25 opinions
- Flame Coal Company v. United Mine Workers of AmericaCourt of Appeals for the Sixth Circuit · 1962
- Hensley v. Paul Miller Ford, Inc.Court of Appeals of Kentucky (pre-1976) · 1974
- Baggett v. DavisSupreme Court of Florida · 1936
- Wilson v. FlemingWest Virginia Supreme Court · 1921
- Louisville & N. R. R. v. BrownCourt of Appeals of Kentucky · 1908
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