Kennon v. Gilmer
Montana Supreme Court
Appeal from Second District, Deer Lodge County. 1. The damages are excessive. In a case where no gross carelessness or recklessness is shown, damages should he limited to compensation for injuries sustained, and should not be punitive or exemplary. The verdict in this case allows greater damages than are ever allowed where the highest degree of negligence was proved.
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Appeal from Second District, Deer Lodge County. 1. The damages are excessive. In a case where no gross carelessness or recklessness is shown, damages should he limited to compensation for injuries sustained, and should not be punitive or exemplary. The verdict in this case allows greater damages than are ever allowed where the highest degree of negligence was proved. Courts will set aside verdicts for excessive damages. 47 Barb. 196; 36 Cal. 481; Hilliard on New Trials (2d ed.), p. 576, sec. 34, note and cases. Damages were greater than would have been allowed had death ensued. Codified…
1Opinion of the CourtWade, C. J.
This is an aetion by a passenger against a common carrier of passengers to recover damages for injuries alleged to have been received in consequence of the negligence and carelessness of the common carrier.
The complaint, in substance, alleges that on the 30th day of June, 1819, the defendants were common carriers of passengers for hire by stage coaches between the towns of Deer Lodge and Helena, in this territory; that upon said day the defendants, as such common carriers, and in the usual course of their business, and for the usual fare, prepaid by plaintiff, received the plaintiff as *260a…
2Cases cited30 opinions
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- Stokes v. SaltonstallSupreme Court of the United States · 1839
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- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
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- State v. BondIdaho Supreme Court · 1906
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