Memphis & Charleston Railroad v. Green

Citations

• 52 Miss. 779

Syllabus

<p>1. Railuoads : Common earners. Liability for damages. Negligence. Case in judgment.</p> <p>G-. purchased of the M. & O. R. R. Co. a ticket entitling him to passage on the-train from S. to C. He was at the depot at train time, as indicated by the-schedule. The train ran sixty yards beyond the platform, halted only a moment, not long enough to afford time to get aboard. A freight train arrived at eight a. m., same day, and conveyed him to 0. No damages were proved except disappointment, delay, and inconvenience. The jury found a verdict for $1,500 for plaintiff. Held, that this verdict was excessive; that punitive damages will not be allowed in the absence of any circumstances of malice, oppression, insult, personal injury, damages to business, mental or physical suffering, although something more than actual damages may be awarded against common carriers, by way of punishment for neglect of duty and protection to the public.</p>