Kansas City, Memphis & Birmingham Railroad v. Fite

67 Miss. 373 | Miss. | 1889

Campbell, J.,

delivered the opinion of the court.

The court should have instructed the jury to find a verdict for nominal damages only. There was no actual damage shown, and there was not a circumstance in evidence on which to found a claim for exemplary damages. In this state of case the court should not have permitted exemplary damages.

Reversed and remanded.

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