Railway Co. v. Davis
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Davis recovered judgment against the St. Demis, Iron Mountain & Southern Railway Company for $1000 damages for an unlawful ejection from its train. Defendant company has appealed. The facts sufficiently appear in the opinion. 1. The verdict is not sustained by the evidence and is contrary to law. 2. The third instruction for plaintiff should not have been given.
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Appeal from Nevada Circuit Court. Davis recovered judgment against the St. Demis, Iron Mountain & Southern Railway Company for $1000 damages for an unlawful ejection from its train. Defendant company has appealed. The facts sufficiently appear in the opinion. 1. The verdict is not sustained by the evidence and is contrary to law. 2. The third instruction for plaintiff should not have been given. The facts in the case do not entitle plaintiff to exemplary damages. 53 Ark. 10; Field on Damages, sec. 34; 33 A. & E. R. Cases, 407; 1 Otto, 489; 21 How. 213; 2 Wall. Jr. 164; Suth. on Dam., p. 724;…
1Opinion of the CourtHrmingway, J.
The contention of the appellant is that there was no evidence tq warrant either a verdict for the plaintiff or the giving' of an instruction with reference to punitive damages. To test it, we ascertain the state of case most favorable for the plaintiff that the jury could have found from the evidence, and determine whether it was a case for damages, and if so, whether it disclosed a wilful or wanton wrong.
1. inability ejectiivgapas! seug-er.
The evidence warranted a finding that the conductor took a ticket from the plaintiff which entitled him to. * passage from Prescott to Malvern ; that…
2Cited by5 opinions
- Fordyce v. NixSupreme Court of Arkansas · 1893
- Little Rock Railway & Electric Co. v. DobbinsSupreme Court of Arkansas · 1906
- Louisiana Oil Refining Corp. v. YeltonSupreme Court of Arkansas · 1933
- Missouri Pacific Railroad Co. v. HeardSupreme Court of Arkansas · 1932
- Moore v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1900