Cases on Corporations

Cases on Corporations

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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. 1896 edition. Excerpt: ...by the gross negligence of the defendant's servants conirolling the train, you may give to ihe plaintiff punitive or exemplary damages." This court, speaking by Mr. Justice Davis. and approving and applying the rule of exemplary damages, as stated in Qulgley's Case, held that this was a misdirection, and that the failure of the employes to use the care that was required to avoid the accident, "whether called 'I_.-ross' or 'ordinary' negligence, did not authorize the jury to visit the company with damages beyond the limit of compensation for the injury actually inflicted. To do this. there must have been some willful misconduct. or that entire want of care which would raise the presumption of n. conscious indiiIerence to consequences. Nothing of this kind can be imputed to the persons in charge of the train; and the court, therefore, misdirected the jui '." 91 U. S. 495. In Railway Co. v. Harris, the railroad company, as the record showed, by an armed force of several hundred men, acting as its agents and employes, and organized and commanded by its vice president and assistant general manager, attacked with deadly weapons the agents and employes of another company in possession of a railroad, and forcibly drove them out, and in so doing fired upon and injured one of them, who therenpon brought an action against the corporation, and recovered a verdict and judgment under an instruction that the jury "were not limited to compensatory damages. but could give punitive or exemplary damages, if it was found that the defendant acted with bad intent, and in pursuance of an unlawful purpose to forcibly take possession of the railway occupied by the other company, and in so doing shot the piaintiff." This court, ...show more

Product details

  • Paperback
  • 189 x 246 x 10mm | 354g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236891414
  • 9781236891419