Davis v. Elzey

Citations

• 126 Miss. 789
• 88 So. 630

Syllabus

<p>1. Release. Capacity to make settlement for injuries held for jury.</p> <p>Where a party was injured in a collision with a train of a railroad company, and where a release and settlement is pleaded in bar of the action, and where the evidence is in conflict as to his capacity to make an agreement, the question is for the jury, and its decision is binding.</p> <p>2. Negligence. Contributory negligence no bar under statute.</p> <p>Under our joint negligence statute (chapter 135, Laws of 1910; sections 502 and 503, Hemingway’s Code), a plaintiff in a damage suit for personal injury is not debarred from a recovery, though he negligently drove upon a railroad track without stopping, looking, and listening, if the railroad company was also guilty of negligence in not sounding the whistle or bell, and in running through a municipality at a greater rate of speed than allowed by law in violation of the statutes of the State.</p> <p>3. Railroads. Punitive damages recoverable for injuries during federal control.</p> <p>Under the provisions of the Federal Control Act of August 29, 1916, and Act March 21, 1918 (U. S. Compiled Statutes 1918, Compact Edition, p. 458), punitive damages may be recovered in a suit for personal injury where the same could be recovered before the federal control was assumed, the said acts providing that while under federal control the carriers shall be subject to all laws and liabilities as common carriers whether arising under state or federal laws, or at common law, except so far as may be inconsistent with the provisions of said act. In all other respects it was the intent of Congress to leave the laws of the states in full force.</p> <p>4. Railroads. Executive order held not to preclude recovery of punitive damages.</p> <p>General Order No. 50, directing all suits against all carriers, except for “penalties,” etc., to be brought against the Director General, and not against the carriers, does not preclude the recovery of punitive damages in an a