Kansas Pacific Railway Co. v. Kessler

The opinion of the court was delivered by

Brewer, J.:

Exemplary-damages. This was an action to recover damages for a wrongful expulsion from the train. The verdict and judgment were for $820 — :$20 of which the jury assessed for compensatory, and $800 as exemplary damages. It seems to be conceded by the plaintiff in error, that the former was proper; and the only question raised here is, whether the case was one for exemplary damages. And first, in this respect, are challenged the instructions. The court charged as follows:

“Now before you can allow this kind of damages at all, you must find…