Yazoo & Mississippi Valley Railroad v. Fitzgerald
Mississippi Supreme Court
Yazoo & Mississippi Valley Railroad v. Fitzgerald, 96 Miss. 197 (Miss. 1909)
50 So. 631
Mates, Smith
Yazoo & Mississippi Valley Railroad v. Fitzgerald
Opinion of the Court
delivered the opinion of the court.
On the evidence for the plaintiff, which was accepted by the jury, she was entitled to recover punitive damages. Illinois,
We think, however, that the verdict was excessive, but, if appellee will remit down to $1,500, the judgment will be affirmed ; otherwise, it will be reversed, and the cause remanded..
Affirmed on remittitur.
Dissenting Opinion
delivered the following dissenting opinion.
When the facts of this case are thoroughly examined it is my judgment that it does not present a case for the allowance of punitive damages. I think the judgment should be reversed and the cause remanded.
Reference
- Full Case Name
- Yazoo & Mississippi Valley Railroad Company v. Frances Fitzgerald
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. RailROAD. Passengers-. Irregularity in tickets. Insults. Punitive damages. Where a woman, about to take passage on a railroad train, to a point in another state, was induced by the carrier to purchase a mileage book, good for transportation only within this state, and board the train on the idea that it was .good to her destination, and, after her mileage had been honored by two conductors in this state and the train was near the state line, was aroused at night from sleep in her berth on a sleeping car, rudely treated and insulted by a third conductor because of. the irregularity in the evidence of her right to be carried, and, after reaching her destination, made to pay fare from the state line, she may in the discretion of the jury recover punitive damages of the railroad company. 2. Same. Excessive verdict. Facts. ■ Facts of the case considered and two thousand five hundred dollars damages adjudged excessive.