Yazoo & M. V. R. v. Duke
Mississippi Supreme Court
Yazoo & M. V. R. v. Duke, 113 Miss. 881 (Miss. 1917)
74 So. 693
Smith
Yazoo & M. V. R. v. Duke
Opinion of the Court
delivered the opinion of the court.
The amount of damages awarded is excessive within the rule requiring that the judgment of the court below he reversed unless a remittitur is entered. Consequently if a remittitur of three hundred dollars is entered the judgment will be affirmed; otherwise it will be reversed, and the cause remanded.
Affirmed conditionally.
Reference
- Full Case Name
- Yazoo & M. V. R. Co. v. Duke
- Status
- Published
- Syllabus
- CaReieks. Carriage of passengers. Performance of contract of transportation. Liability of carrier. Damages. Excessive damages. Where plaintiff being a passenger on defendant’s train was told by a train employee that she had reached her station and was assisted by him from the train at the wrong station and the train left before she could again board it, but the station agent took her to his home, where she spent the night and on the next morning she was carried to her destination by another train, in such case a verdict for five hundred dollars damages was excessive and will be reduced to two hundred dollars by requiring a remittitur or the case will be reversed.