Alabama & Vicksburg Railway Co. v. Cox

Citations

• 106 Miss. 33
• 63 So. 334

Syllabus

<p>1. Rahkoads. Obstructing crossings. Application of statute. Trial. Instructions. Error cured. Punitive damages. Oode 1906, section 4049.</p> <p>Section 4049, Code 1906, providing that railroads on stopping a train across a public highway shall uncouple and not block the highway longer than five minutes, was intended to prevent the voluntary blocking of public crossings and has no application to a case where the railroad in good faith tried to remove the blockade and reasonably believed they could do so within five minutes though in fact-it took a longer time to do so.</p> <p>2. Tbial. Instructions. Harmless error.</p> <p>Where the instructions for the plaintiff are in direct conflict with the instructions of defendant on- a material point the court on appeal will not approve the verdict of the jury upon the theory that conflicting instructions are harmless.</p> <p>3. Damages. Punitive damages. Instructions.</p> <p>An instruction that if defendant acted in reckless disregard of plaintiff’s rights, the jury may award him punitive damages and that punitive damages are such as will not only compensate plaintiff for his actual damages sustained, but will also make defendant have due regard for other’s rights in the future, does not correctly state the rule.</p>