Legal Opinion

W. W. Boyer & Co. v. Coxen

Court of Appeals of Maryland

Decided January 17, 1901PublishedCited by 15 opinions

Appeal from the Superior Court of Baltimore City, (Harlan, C. J.) The jury returned a verdict for plaintiff for $2,000. The Court ordered a new trial to be granted, unless plaintiff remitted $1,000, which was ageeed to, and judgment entered for $1,000.

1Opinion of the CourtBoyd, J.

The question presented by this record for our consideration is whether there was any evidence legally sufficient to justify an instruction given the jury as to punitive or exemplary damages. After referring to compensatory damages, the prayer concluded as follows : “And if they find that the act of the defendants’ servant was wanton and attended with reckless violence, they also in their discretion may allow punitive or exemplary damages.” That was specially excepted to by the defendants, but was granted by the Court. It was argued by the appellants that no damages could be allowed, because…

2Cases cited4 opinions

  1. Philadelphia, Wilmington & Baltimore Railroad v. HoeflichCourt of Appeals of Maryland · 1884
  2. Philadelphia, Wilmington & Baltimore Railroad v. LarkinCourt of Appeals of Maryland · 1877
  3. Thillman v. NealCourt of Appeals of Maryland · 1898
  4. Smith v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1898

3Cited by15 opinions

  1. Embrey v. HollyCourt of Appeals of Maryland · 1982
  2. Safeway Stores, Inc. v. BarrackCourt of Appeals of Maryland · 1956
  3. Continental Casualty Co. v. MirabileCourt of Special Appeals of Maryland · 1982
  4. Louis Pizitz Dry Goods Co. v. YeldellSupreme Court of the United States · 1927
  5. Deck v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1905

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