Chicago, Rock Island & Pacific Railway Co. v. Whitten
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; In order to justify a verdict for exemplary damages for negligence, there must be the element of witfulness or- conscious indifference to consequences from which malice may be inferred. 53 Ark. 7; 84 Ark. 249; 42 Ark. 328; 78 Ark. 331; 77 Ark. 109..
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; In order to justify a verdict for exemplary damages for negligence, there must be the element of witfulness or- conscious indifference to consequences from which malice may be inferred. 53 Ark. 7; 84 Ark. 249; 42 Ark. 328; 78 Ark. 331; 77 Ark. 109.. There must be some actual damage upon which to base a suit for exemplary damages. 55 Pac. 277; 48 Pac. 919; 24 N. E. 1029; 70 111. 496; 37 N. W. 116; 2 Suth. on Dam., p. 1129. Plaintiff could recover nothing more than actual damages on the contract. 72 Ark. 275; 74 Ark. 358;…
1Opinion of the CourtFrauenthal, J.
The plaintiff, in company with two friends, took passage on one of defendant’s trains on August 10, 1907, at Little Rock, Arkansas, for Cache River for the purpose of spending several days fishing at and near the latter place.' He purchased a ticket from defendant on that -day which entitled him to carriage of himself and baggage from Little Rock to Cache River, two stations on defendant’s line of railroad. He delivered to defendant at Little Rock his trunk, which contained clothing, quilts, seine, tent, some cooking utensils and groceries, and had same checked by defendant to Cache River. He…
2Cases cited11 opinions
- Fordyce v. NixSupreme Court of Arkansas · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Railway v. HallSupreme Court of Arkansas · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ray Dodge, Inc. v. MooreSupreme Court of Arkansas · 1972
- Robertson Oil Company, Inc. v. Phillips Petroleum CompanyCourt of Appeals for the Eighth Circuit · 1989
- Satterfield v. Rebsamen Ford, Inc.Supreme Court of Arkansas · 1972
- Southern Telephone Co. v. KingSupreme Court of Arkansas · 1912
- Diamond Shamrock Corp. v. PhillipsSupreme Court of Arkansas · 1974
8 more not listed; retrieve them via the Exa API.