Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 100

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 100

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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. 1898 edition. Excerpt: ... of chapter 57 of the General Statutes. Section 1 gave a right of action only where the death of a person not in the employment of a railroad company was caused by the negligence of the OWl1('I'S, .th(?iI' agents, etc. Section 3 gave a right of action for the loss of life by willful neglect, a statutory variety of negligence not known to the common law, and provided that the widow, heir or, personal representative of the deceased person shall have the right to sue and recover punitive damages. _ We thus find the first section providing for the recovery of damages, and the third providing for the recovery ot punitive damages, from which it was plain that the Legislature did not use the word "damages" in the first section in its unqualified meaning so to include punitive damages as provided for in the third.'-ection; and the court said: "Considering the entire wt, it seems to us that punitive damages are allowa'le only in cases of willful neglect."-Louisville & Nashville R. R. Co. v. Kel1y's Administratrix. Appellant's contention is, to some extent, based upon the theory that what are called "exemplary damages" are not awarded as compensation to the injured party, but as a punishment to the wrongdoer. _ This court in the case of Chiles v. Drake, 2 Met., 1-16, decided otherwise. The contention was there made that as under the Constitution no one'could be punished twice for the same oifense, only compensatory damages could be recovered where theact causing the injury was also punishable under the penal law. This court in that case said: "This argument is evidently based on a misconception of the meaning of the expression punitive damages contained in the more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236978196
  • 9781236978196