Vicksburg Railroad, Power & Manufacturing Co. v. Marlett

Citations

• 78 Miss. 872

Syllabus

<p>1. Damages. Punitive damages. Wilful wrong.</p> <p>Punitive damages are only recoverable where the acts complained of are characterized by malice, fraud, oppression or wilful wrong, evincing a disregard of the rights of others.</p> <p>2. Same. Street railway. Transfer ticket. Case.</p> <p>A street railway conductor may properly refuse to accept a transfer ticket which has not been punched by the conductor from whom the passenger received it, as required by the rules of the company, and in the absence of evidence of a wilful omission of the first conductor to punch the ticket or of the second conductor to accept it-when he knew that his duty required him to do so, the company is not liable for punitive damages by reason of the ejection of the-passenger without insult, rudeness or unnecessary violence.</p> <p>3. Same. Ejection of passenger. Insult. Evidence.</p> <p>The unsupported testimony of a plaintiff that he “considered” the-conductor who ejected him from a railway car very insulting, does not warrant a verdict against the company for punitive damages, since it was for the iury to determine the nature of what the conductor said and did.</p>