Jackson Light & Traction Co. v. Taylor

Citations

• 112 Miss. 60
• 72 So. 856

Syllabus

<p>1. Teial. Instructions. Assuming facts. Carriers. Passengers. Action. Instructions. Carrying beyond destination. Punitive damages.</p> <p>In an action for damages against a street railway company for carrying plaintiff beyond her destination, an instruction that it was the duty of defendant to keep a lookout for signals, to stop its cars at all regular crossings on the usual signal, and if the jury believed that the agents of defendant did not stop •when signalled by plaintiff, but carried her beyond and did not back when requested to do so, plaintiff was entitled to recover damages suffered thereby, was erroneous in assuming that the signal was properly given and recognized.</p> <p>2. Same.</p> <p>This instruction was also erroneous in placing upon the defendant the absolute duty to back its car for half a block when a passenger is carried beyond his destination.</p> <p>3. Passengers. Carrying beyond destination. Punitive damages. Carriers.</p> <p>The language of defendant’s conductor in refusing to back the car at the request of plaintiff’s mother, when he said, “No, you will get off right here” and also his statement that he “did not have time” in a rough tone was not sufficient to constitute an insult, justifying an award of punitive damages.</p> <p>4. Carriers. Actions for injuries. Negligence. Punitive dajnages.</p> <p>Gross negligence cannot be built «up by the addition of two acts of simple negligence.</p> <p>5. Same.</p> <p>In order to justify the imposition of punitive damages there must he some willful or wanton wrong or such gross negligence as imputes willful disregard of plaintiff’s rights.</p>