Holcroft v. Missouri-Kansas-Texas Railroad

J. DONALD MURPHY, Special Judge.

Plaintiff obtained a verdict for $1.00 nominal damages and $75,000 punitive damages against the defendant railroad for failure to comply with the service letter statute, Section 290.140, RSMo 1978. Defendant on this appeal contends that the trial court erred in submitting the issue of punitive damages to the jury without either a submission and finding of actual malice or proof of substantial actual damages or other injury. Defendant contends alternatively that the punitive damage award is grossly excessive.

Plaintiff was employed on March 18, 1964, by defendant…