State ex rel. Atchison, Topeka & Santa Fe Railway Co. v. Ellison
Supreme Court of Missouri
Certiorari to Kansas City Court of Appeals. (1) The assessment of punitive damages and the amount thereof rests in the sound discretion of the jury, and the court will not interfere except in flagrant cases of bias, prejudice and oppression. Clearly a penalty of five hundred dollars against a railway company for a continuing violation of law extending over a period of more than seven years, is not an abuse by the jury of the discretion reposed in it.
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Certiorari to Kansas City Court of Appeals. (1) The assessment of punitive damages and the amount thereof rests in the sound discretion of the jury, and the court will not interfere except in flagrant cases of bias, prejudice and oppression. Clearly a penalty of five hundred dollars against a railway company for a continuing violation of law extending over a period of more than seven years, is not an abuse by the jury of the discretion reposed in it. Summers v. Keller, 152 Mo. App. 636; Canfield v. Eailroad, 59 Mo. App. 366; Mill Co. v. Prenzler, 100 Iowa, 540; American Sand & Gravel Co. v.…
1Opinion of the CourtFaris, J.
— This in an original proceeding by certiorari, to bring up the record of the Kansas City Court of Appeals in the case of H. C. Smith, appellant, v. Atchison, Topeka & Santa Fe Railway Company, respondent, lately pending in that court, and wherein the *229judgment of the court nisi was reversed and the case remanded with directions to enter judgment helow in accordance with the verdict. [Smith v. Railroad, 192-Mo. App. 210.] From this it will be seen that the appellant Smith had judgment below, which upon motion of respondent therein, was set aside and Smith appealed.
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2Cases cited6 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Hanna v. SweeneySupreme Court of Connecticut · 1906
- Sperry v. HurdSupreme Court of Missouri · 1916
- McCloskey v. Pulitzer Publishing Co.Supreme Court of Missouri · 1901
- Gould v. St. JohnSupreme Court of Missouri · 1907
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3Cited by29 opinions
- State ex rel. Long v. EllisonSupreme Court of Missouri · 1917
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- Jones v. West Side Buick Co.Missouri Court of Appeals · 1936
- Sofian Ex Rel. Sofian v. DouglasSupreme Court of Missouri · 1929
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
24 more not listed; retrieve them via the Exa API.