Wright v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 111, Jan, T., 1911, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 5303, on verdict for plaintiff in case of Carrie S. Wright, Administratrix of the Estate of Robert E. Wright, Jr., deceased, and Carrie S. Wright, individually, v. Philadelphia Rapid Transit Company. Trespass to recover damages for .personal injuries.
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Appeal, No. 111, Jan, T., 1911, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1907, No. 5303, on verdict for plaintiff in case of Carrie S. Wright, Administratrix of the Estate of Robert E. Wright, Jr., deceased, and Carrie S. Wright, individually, v. Philadelphia Rapid Transit Company. Trespass to recover damages for .personal injuries. Before Wiltbank, J. At the trial after the plaintiff had proved the fact of collision and the injury to the plaintiff, the defendant’s counsel announced that the defendant would admit the liability. The plaintiff then offered medical…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The only question raised by this appeal is whether the learned trial judge erred in instructing the jury on the question of punitive damages. The general rule is that only compensatory damages can be recovered in *135negligence cases, and juries are not at liberty to go farther and find exemplary damages, unless the injury was done wantonly and wilfully, or was the result of such reckless indifference to the rights of others as amounts to a violation of them. Evil intent lies at the foundation of the right to claim punitive damages. The allowance of such damages is…
2Cases cited5 opinions
- Pittsb. C. & St. L. Ry. Co. v. LyonSupreme Court of Pennsylvania · 1889
- Barnett v. ReedSupreme Court of Pennsylvania · 1866
- Philad. Traction Co. v. OrbannSupreme Court of Pennsylvania · 1888
- Funk v. KerbaughSupreme Court of Pennsylvania · 1908
- Lynch v. TroxellSupreme Court of Pennsylvania · 1903
3Cited by3 opinions
- Hoffman v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1920
- Hartford-Empire Co. v. Shawkee Mfg. Co.Court of Appeals for the Third Circuit · 1947
- Ewin J. Schoettle Co. v. Oliver Bros., Pennsylvania Court of Common Pleas, Philadelphia County1930