Yazoo & Mississippi Valley R. R. v. Fletcher

Citations

• 100 Miss. 589
• 56 So. 667

Syllabus

<p>1. Punitive Damages. Evidence. Question for jury. Excessive damages.</p> <p>In a suit by an engineer for injury in a collision between trains, evidence that the engineer in charge of the train committing the injury knew the rules of the company; that he was required to be on the siding at the point of collision at least five minutes before the train on which plaintiff was engineer, arrived; that he had a time table and a watch; that he did not send any flagman down in front of his train; that he was a new engineer and was doubtful as to whether or not he could make the siding in time for the other train, is sufficient to warrant the court in submitting to the jury the question of the infliction of punitive damages.</p> <p>2. Excessive Damages.</p> <p>Held, that twelve thousand dollars was not an excessive recovery for injury to a locomotive engineer in a collision, resulting from the gross negligence of an engineer on another train the damages consisting of severe injuries to the head, back and hip.</p>