Mississippi Supreme Court, 1909

Yazoo & Mississippi Valley Railroad v. Fitzgerald

Yazoo & Mississippi Valley Railroad v. Fitzgerald
Mississippi Supreme Court · Decided October 15, 1909 · Mates, Smith
96 Miss. 197; 50 So. 631

Yazoo & Mississippi Valley Railroad v. Fitzgerald

Opinion of the Court

Smith, J.,

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, *202etc., R. Co. v. Reid, 93 Miss. 455, 46 South. 146, 17 L. R. A. (N. S.) 344.

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

Mates, J.,

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.

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