Pine Bluff & Arkansas River Railway Co. v. Washington
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. Tom Jackson, a brakeman for the Pine Bluff & Arkansas River Railway Company, shot Lizzie Washington with a pistol while she was riding in .a passenger coach of the railway company. Lizzie Washington instituted this action against the railway company to recover damages' therefor.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. Tom Jackson, a brakeman for the Pine Bluff & Arkansas River Railway Company, shot Lizzie Washington with a pistol while she was riding in .a passenger coach of the railway company. Lizzie Washington instituted this action against the railway company to recover damages' therefor. She testified siibstantially as follows: The Pine Bluff & Arkansas River Railway Company operated a train from Pine Bluff to Reydel. I lived at English. On the 22d day of December, 1913, I had been to Pine Bluff and was returning…
1Opinion of the Court
Hart, J.,
(after stating the facts). (Í) It is'earnestly insisted by counsel for the defendant railway company that a carrier is not liable for exemplary or punitive damages for a wanton and malicious assault upon a passenger by a servant acting within the scope of his authority which it has in no way antecedently- authorized or subsequently ratified. There is a division of authorities on this question and counsel have cited a number of authorities to sustain their position, but we do not deem it necessary to discuss or review them for the reason that we have already decided adversely to their…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RobertsonSupreme Court of Arkansas · 1912
- Little Rock Railway & Electric Co. v. DobbinsSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. DowgialloSupreme Court of Arkansas · 1907
3Cited by11 opinions
- Miller v. BlantonSupreme Court of Arkansas · 1948
- Robertson Oil Company, Inc. v. Phillips Petroleum CompanyCourt of Appeals for the Eighth Circuit · 1993
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
- Gibson Oil Company v. SherrySupreme Court of Arkansas · 1927
- Robertson Oil Company, Inc. v. Phillips Petroleum CompanyCourt of Appeals for the Eighth Circuit · 1993
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