Smith v. Atchison, Topeka, & Santa Fe Ry. Co.

This is an action to recover damages for wrongful ejection of a passenger from one of defendant’s trains. The verdict was of $5 actual and $500 punitive damages. The circuit court thought the punitive award excessive, and, on consideration of the motion for new trial, offered plaintiff the opportunity of remitting $400, in which event judgment would be entered for $5 actual and $100 exemplary damages. Plaintiff declined to make the remittitur, and the motion for new trial was sustained solely because the court regarded $500 as an excessive award of punitive damages. Thereupon the plaintiff…