Yazoo & Mississippi Valley Railroad v. Mitchell

Citations

• 83 Miss. 179

Syllabus

<p>1. Railroads. Flag stations. Failure to stop train. Signal seen.</p> <p>In an action by an intending passenger against a railroad company for failing, when duly signaled, to stop át a flag station, if either the engineer or fireman saw the signal as the train approached the station, and it was not stopped, the plaintiff can recover.</p> <p>2. Same. Exemplary damages. Capriciousness. Recklessness.</p> <p>In such case, the signals having been seen by the engineer or fireman, it is within the province of the jury to award punitive damages, if* the failure to stop was due to either capriciousness or recklessness, as well as to malice, deliberate design, willfulness or wantonness.</p> <p>3. Same. Amov/nt.</p> <p>Where exemplary damages are recoverable, the amount thereof is peculiarly in the province of the jury.</p>