Southern Express Co. v. Brown

Citations

• 67 Miss. 260

Syllabus

<p>1. Supreme Court. Contradictory bills of exception.</p> <p>Where the special and the general bills of exceptions in the record contain contradictory statements as to the action of the court on an objection to testimony, so that it is not possible from the record to know what action was taken, this court cannot notice the assignment of error in reference to it.</p> <p>2. Master and Servant. Negligence of servant. Liability of master for punitive damages.</p> <p>A master is liable in punitive damages for the wilful act or negligence of his servant engaged in his business, whether he did or did not know the servant to be incompetent or disqualified for the service for which he was engaged.</p> <p>3. Same. When relation exists. Case in judgment.</p> <p>By agreement between an express company and its local agent the company furnished the express wagon and the agent employed the driver and furnished and fed the horse, but for these the company allowed extra compensation. The driver was engaged in and about the business of the company and was subject to be discharged by it. Held, that the driver was the servant of the company and it was liable for injuries resulting from his negligence while so engaged.</p> <p>4. Pleading. Declaration. Punitive damages.</p> <p>Where plaintiff in a suit for personal injuries caused by defendant’s negligence declares generally for a certain sum as damages, and the evidence makes a proper case for punitive damages, a verdict which does not exceed said sum will not be disturbed because punitive damages were not specifically claimed in the declaration.</p>