Pullman Palace Car Co. v. Lawrence

Citations

• 74 Miss. 782

Syllabus

<p>1. Trespass. Jurisdiction. Citizenship. Location. Transitory action.</p> <p>It is no defense to a transitory action of trespass brought in this state that the wrong was done and injury inflicted in another state, and that both plaintiff and defendant, a foreign corporation, were, at the time, are now, and have been continuously since, residents and citizens of such other state.</p> <p>2. Foreign Corporations. Jurisdiction. Code 1892, ji 849.</p> <p>Under code 1892, | 849, foreign corporations may sue and be sued in this state as individual nonresidents may sue and be sued.</p> <p>3. Cause of Action. Laws governing. Tort.</p> <p>Whether or not an ex delicio cause of action exists upon a state of facts, is to be determined by the law of the place where the matters complained of occurred.</p> <p>4. Sleeping Car Company. Legal character. Laws of Illinois.</p> <p>Under the constitution of this state, all sleeping car companies are common carriers, but they are not technically so by the laws of Illinois.</p> <p>5. Punitive Damages. Law of Illinois. Corporations.</p> <p>It is the settled law of Illinois that corporations are liable for all the acts of their agents and servants who commit wrong while performing the master’s business in the scope of their employment, and this to the extent of liability for punitive damages in proper cases.</p> <p>5. Same. Wealth of defendant.</p> <p>The wealth or pecuniary condition of a defendant may be shown with a view of enabling the jury to inflict proper damages by way of punishment in a case where punitive damages may be recovered.</p> <p>6. Proof of Wealth. Corporation.</p> <p>It is not impertinent or incompetent, where proof of the wealth of a corporation defendant is admissible, to inquire (a) the entire' paid-up capital stock of the company; (b) what its liabilities are;. (c) what are the assets of the company; (d) what was the surplus of the company over and above liabilities, and (e) what dividends had been paid stockholders