Richardson v. Atlantic Coast L.R. Co.
Richardson v. Atlantic Coast L.R. Co.
Opinion of the Court
The opinion of the Court was delivered by
Plaintiff sued to recover actual and punitive damages for personal injuries sustained by falling into a hole left open in the floor in one of the toilet rooms in defendant’s passenger station at Sumter. At the close of all the testimony, defendant requested an instruction that the evidence was not sufficient to warrant the infliction of punitive damages, which was refused. The jury found a general verdict for plaintiff for $500 damages, without^ indicating whether it included punitive damages. The defendant appealed, and assigns error in the refusal of the instruction prayed for.
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“It was for the jury to say on this issue also whether in view of all the circumstances the hole was so left open and insufficiently lighted, in close proximity to a frequented path, as to indicate reckless or wanton disregard of the safety of those who' might use the path without notice of the danger. We do not say there was wantonness or recklessness on the part of the defendant, büt there was evidence from which the jury might infer it, and, therefore, it was not error of law for the Circuit Judge to refuse a new trial on this ground.”
Judgment affirmed.
Reference
- Full Case Name
- Richardson v. Atlantic Coast Line R. Co.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Triad— Instruction— Indication of Character of Damages. — In action for injuries by falling into open hole in floor of railroad toilet room, jury should have heen instructed to indicate by their verdict whether they awarded only actual, or both actual and punitive, damages. 2. Carriers — Persons Accompanying Passenger — Duty to Protect.— To licensee on its station premises who had gone there with a friend who was leaving on a train, the railroad owed only the duty to exercise ordinary care for his safety. 3. Railroads — Injuries on Station Premises — Punitive Damages— Question for Jury. — In action against railroad for injuries to . licensee on station premises when he stepped into hole in floor of toilet room left open in course of repairs, whether hole was so left open and insufficiently lighted in close proximity to door as to indicate reckless or wanton disregard of safety of others who might use room, justifying punitive damages, held for jury.