82 Miss. 120 | Miss. | 1903
delivered the opinion of the court.
On Sunday, August 11, 1901, White purchased a round trip ticket from Vicksburg to Glass Station, on appellant’s rail-;
On this statement of facts the court gave for plaintiff the following instruction: “The court instructs the jury that, if they find for the plaintiff, they may, in addition to actual damages, assess punitive damages — that is, damages by way of punishment, to compel defendant to have due regard for the rights of the public — in such sum as they may see proper, not to exceed the amount sued for, towit, $5,000, provided, that they shall believe from the evidence that the failure to stop the train was either willful, reckless, or capricious on the part of the engineer or other employees.”
Tbe action of tbe court in giving tbe first instruction and in refusing tbe second instruction are both assigned as error. It cannot be said that punitive damages will be inflicted because tbe engineer of tbe train was in position to see; but, as to whether be did see, or not, is a question of fact for tbe jury. If tbe engineer did see tbe signal to stop, and understood it,, and then did not stox>, and there is no reasonable explanation as to why be did not stop in obedience to such a signal, growing out of bis duties as engineer of a passenger train, then it is a question of fact for tbe jury, under proper instructions, as to whether bis acts were characterized by malice, deliberate design, willfulness, or wantonness. Tbe court gave tbe instruction for plaintiff that, if they believed tbe failure to stop tbe train by tbe engineer was willful, reckless, or capricious on bis part, they might find punitive damages. Then, certainly tbe defendant was entitled to an instruction that if tbe engineer did not act maliciously, deliberately, willfully, or wantonly in not stopping tbe train, they could only find actual damages. We find nothing tenable in tbe other errors assigned.
Por tbe rgfusal of tbe court to give tbe instruction asked by tbe defendant, tbe case is
Reversed and remanded.