Wright v. Philadelphia Rapid Transit Co.

Citations

• 236 Pa. 132
• 84 A. 669
• 1912 Pa. LEXIS 724

Syllabus

<p>Negligence — Street railways — Damages.</p> <p>1. The general rule is that only compensatory damages can be recovered in negligence cases, and juries are not at liberty to go farther and find exemplary damages unless the injury was done wantonly and wilfully, or was the result of such reckless indifference to the rights of others as amounts to a violation of them. Evil intent lies at the foundation of the right to claim punitive damages.</p> <p>2. In an action against a street railway company to recover damages for personal injuries resulting from a collision between two of defendant’s cars, it is reversible error for the trial judge to submit the question of punitive damages to the jury, where there was no attempt by the plaintiff to show that the accident was wilfully intentional on the part of the motorman, or that the collision was the result of anything more than negligent operation and control of the car.</p>