Opinion
(September Term, 1894.)
Action for Damages — Common Carrier — Excursion Ticket — Defective Equipment — Punitive Damages.
ACTION for damages, heard before Graves, J., and a jury, at Fall Term, 1893, of BEAUFORT.
The facts are the same as those of Hansley v. R. R., 602 supra.
Defendant appealed from the judgment for plaintiff.
Charles F. Warren for plaintiff.
John H. Small for defendant.
(For syllabus, see Hansley v. Jamesville and Washington Railroad, at this term.)
Though a critical examination of the assignments of error shows that some of the instructions given to the jury and excepted to by defendant were erroneous, upon different grounds, yet we deem it best to hold that this case depends upon the principle announced in the opinion in Hansley v. R. R., ante, 602, in reference to the allowance of vindictive damages, and therefore we grant a new trial.