Kansas City, Memphis & Birmingham Railroad v. Fite
Mississippi Supreme Court
From the circuit court of Marshall county. Hon. W. M. Rogers, Judge. Action by appellee, Fite, against appellant for damages. Plaintiff purchased a ticket and boarded a passenger train to go from Byhalia to Miller’s station, a distance of six miles, on defendant’s road. Miller’s was a flag station, where the trains stop when there are passengers to get on or off.
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From the circuit court of Marshall county. Hon. W. M. Rogers, Judge. Action by appellee, Fite, against appellant for damages. Plaintiff purchased a ticket and boarded a passenger train to go from Byhalia to Miller’s station, a distance of six miles, on defendant’s road. Miller’s was a flag station, where the trains stop when there are passengers to get on or off. On the occasion in question the train did not stop at Miller’s, but “ slowed-up,” possibly a’ little, in order to take on the mail. The conductor had taken up the ticket, and plaintiff, seeing that the train had passed the station,…
1Opinion of the CourtCampbell, J.
The court should have instructed the jury to find a verdict for nominal damages only. There was no actual damage shown, and there was not a circumstance in evidence on which to found a claim for exemplary damages. In this state of case the court should not have permitted exemplary damages.
Reversed and remanded.
2Cited by4 opinions
- Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
- New Orleans N.E.R. Co. v. MartinMississippi Supreme Court · 1925
- Jackson Electric Railway, Light & Power Co. v. LowryMississippi Supreme Court · 1901
- Meek v. HarrisMississippi Supreme Court · 1916