Patterson v. New Orleans & C. R., Light & Power Co.

Citations

• 110 La. 797
• 34 So. 782
• 1903 La. LEXIS 709

Syllabus

<p>•CARRIERS — INJURY TO PASSENGER — PUNITIVE DAMAGES.</p> <p>1. Plaintiff sues for damages for personal injuries sustained whilst a passenger in a street car, which, through the negligence of its servants, was collided with by a car belonging to the defendant. The plaintiff and the medical experts sworn on his behalf testify that the injuries so received have resulted in partial paralysis. Upon the other hand, medical experts called on behalf of the defendant, whilst conceding that the plaintiff is not responsible for his condition, and also conceding the possibility that such a condition may have resulted from the causes to which the plaintiff attributes it, propound the theory that he is suffering from “railway spine”; that is, that he is the victim •of his imagination, and believes that he is paralyzed, whereas he is, in fact, affected by no physical ailment. As it does not appear that he is any more likely to get well in the one case than in the other, and as; in neither case, is he responsible for his condition, it is not clear that it would make any difference, for the purposes of the present claim, whether he is really paralyzed or ‘is merely laboring under a fixed belief to that effect. Considering the whole evidence, however, the conclusion is reached that the defendant’s theory is not sustained.</p> <p>2. The actual wrongdoers, i. e., those in charge of the colliding car, having been prosecuted criminally, and, no doubt, punished if they deserved it, there is no sufficient reason for awarding punitory damages against the defendant, who is only consequentially liable, as the principal is liable for the acts of his agent.</p> <p>(Syllabus by the Court.)</p>