Cases Argued and Decided in the Supreme Court of Mississippi Volume 92

Cases Argued and Decided in the Supreme Court of Mississippi Volume 92

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...testimony, it cannot be said that the jury were not warranted in believing it to be substantially true. It is perfectly clear from plaintiff's testimony that the assistant ticket agent of the railroad company sold him a ticket from Louisville to Ackerman, and gave him no notice of the annulment of the train, although the agent well knew of that fact. It is true that when he got off the train his money was refunded and he delivered up the ticket, and this ended the contract relation between the plaintiif and the carrier; but all this is beside the real point, which is, as stated, whether the conduct of the fiagman or brakeinan, whichever he was, in putting the plaintiff off, was so willful and wanton as to warrant the imposition of punitive damages. The plaintiff himself admits frankly that there was no loud talking by the flagman or brakeman; that the fiagman or brakcman did not curse him directly, nor abuse him. He says, in fact, that they talked in so low a tone that he did not suppose anybody else except himself heard what the brakeman said, not even persons sitting in immediate nearness to him in the coach. This certainly is an extraordinary statement--one hard to credit--but one which the jury did credit, and which we cannot say they were without warrant in crediting. Coming to the specific language used, upon which the propriety of this verdict must turn, it is thus stated by the plaintiff, In fact, he makes two statements about it not entirely in accord. He says: "I started in and got on the back end of the platform, _and started in to get a seat, and a fellow there says: 'Where are you going?' I says: 'I am going to Ackerman.' And he says: 'I don' t reckon you are going on more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • United States
  • English
  • black & white illustrations
  • 1236800524
  • 9781236800527