Yazoo & Mississippi Valley Railroad v. Smith

Citations

• 82 Miss. 656

Syllabus

<p>1. Damages. Verdicts. Whims of jurors. Instruction.</p> <p>Verdicts should be based on the facts of the case, not upon the whims or wishes, likes or dislikes, of the jurors; andi an instruction authorizing th'e jury, if they find for plaintiff, to award such damages “as the jury shall see fit to assess” is erroneous.</p> <p>2. Same. Instructions construed together.</p> <p>An instruction limiting the jury, if they find for plaintiff, in assessing damages to a consideration of the instructions given for the plaintiff, ignoring an instruction on the subject given for the defendant, is erroneous, since all the instructions on the subject should be considered and construed together.</p> <p>3. Same. Punitive damages.</p> <p>It is not error to refuse plaintiff an instruction authorizing the jury to award punitive damages when such damages would! not be justified under any view of the facts of the case.</p>