Vicksburg & Meridian R. R. v. Scanlan

Citations

• 63 Miss. 413

Syllabus

<p>1. Railroad Company. Failure to stop train. Declaration of conductor as evidence.</p> <p>S. bought a ticket on the V. & M. R. R. between A. station and L. station, and took passage at the former place for the latter. The train failed to stop at L. but took S. to a station beyond his destination. He sued the railroad company for damages. On the trial S. testified that he asked the conductor in charge of the train referred to if he would stop for him to get off at his gate, it not being a station, and that the conductor replied, “ No, sir i I won’t stop for you there, or anywhere else.” This testimony was objected to as incompetent. Held, that it was admissible in determining the question whether the train was run by L. station willfully or inadvertently.</p> <p>2. Same. Action against for failure to stop train. Punitive damages.</p> <p>In the case above stated the court instructed the jury for the plaintiff that- “ if there was some element of fraud, malice, reckless negligence, or oppression, insult, rudeness, or willful wrong, or other cause of aggravation in the running of defendant’s train by L. without stopping,” they might give the plaintiff exemplary damages. Held, that this instruction is bad because it authorizes punitive damages if there was some element, however infinitesimally small, of any of the multitudinous things named, in running the train by L., and because it furnishes no guide for an intelligent consideration of the only question of controversy, to wit: Whether the running by was willful or inadvertent. In R. R. Co. v. Scurry, 59 Miss. 456, the above instruction was given at the instance of the defendant (appellant in this court) and the court was not called on to consider the accuracy of the language employed, as if invoked by a plaintiff.</p>