Yazoo & Mississippi Valley Railroad v. Fitzgerald
Mississippi Supreme Court
FROM tiie circuit court of Issaquena county. IioN. JohN N. Bush, Judge. Mrs. Fitzgerald, appellee, was plaintiff in tire court below; tbe railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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FROM tiie circuit court of Issaquena county. IioN. JohN N. Bush, Judge. Mrs. Fitzgerald, appellee, was plaintiff in tire court below; tbe railroad company, appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The appellee, Mrs. Fitzgerald, in company with her sister, being desirous of going from Eosedale, Mississippi, to New Orleans, Louisiana, was persuaded by the railroad company’s ticket agent at Eosedale to purchase a “family mileage book” which had recently been adopted by the railroad company as permissible for use by…
1Opinion of the CourtSmith, J.
On the evidence for the plaintiff, which was accepted by the jury, she was entitled to recover punitive damages. Illinois, *202etc., R. Co. v. Reid, 93 Miss. 455, 46 South. 146, 17 L. R. A. (N. S.) 344.
We think, however, that the verdict was excessive, but, if appellee will remit down to $1,500, the judgment will be affirmed ; otherwise, it will be reversed, and the cause remanded..
Affirmed on remittitur.
2Cases cited2 opinions
- Illinois Central Railroad v. ReidMississippi Supreme Court · 1908
- Whitfield v. LyonMississippi Supreme Court · 1908
3Cited by3 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Southern Pacific Co. v. BoyceArizona Supreme Court · 1924
- City of Cleveland v. Mid-South Associates, LLCMississippi Supreme Court · 2012