The Superior times. [volume] (Superior, Wis.) 1870-1912, 1871-06-03
Important Decision.

An important case was decided in the
United States District Court at Des
Moines, Iowa, on Monday, being that
of Dennis Beale VS.. the Chicago and
Northwestern Railroad Company. A
verdict of $50, 900 was rendered against
defendant last October, by the Jury IN
the same court. At this session de.
PENDANTS filed motion for new trial
Judge Low overruled the motion, hold
ing as follows: First. That on grounds
OF public policy, and for the better
security of the rights of the public.
punitive damages can, and in certain
cases ought to be awarded against rail
road corporations. Punitive damages.
1t IS true, are in the nature of punish
ment, and it is equally true that, in or
binary cases, it is contrary to our ideas
OF justice that the defendant should re-
celve more than compensation for iniu-
ries he receives but in cases like the
one at the bar, although the excess
above the amount of real damages goes
to the plaintiff, still 1T is well-settled
that it is one of the means of securing
more care and attention on the part of
corporations having great rights and
privileges, that, In cases of injury arts
ing from the misconduct or negligence
OF their employees, they are liable to
punitive damage. 1t is right and in.
terest that the public have in every
prosecution of this kind, that the com
panies shall be taught, so to speak.
that they are held to exercise not ONLY
care, but extraordinary care, in the
transportation of the person and
property placed in their hands, and on
these grounds courts are inclin-
ed to uphold the verdicts of
lufles where punitive damages are
awarded The counsel for the defend
ant have suggested to the court that
Railroad Companies should not be held
liable for punitive damages for the gross
negligence of one of their EMPLOYEES.
unless notice of the character of these
employees is brought to the knowledge
or the company; but the complete an
swer IS that railroad company acts
only through It's agents. The Directors.
| superintendent, and all the employees.
are the agents through which alone the
company acts, and unless the company
Is held reliable for the acts of these
parties, the public have neither rem
edy nor security. The public employ
capable, honest, and reliable men,
and 1T IS the duty of the companies to
see that their employees are of
a proper character, or courts and lures
Will hold them to 2 strict accountable
| lty Tor the misconduct A railroad
company employs drunken engineer ::
the life and personal security of the
travelling public is in his hands. The
pubic can know nothing of his charac-
ter, and, if an accident occurs. coca
stoned by hie negligence, inattention
or misconduct, and loss of life or limb
results, the company should be held
responsible for the accident thus occur
ring not only III compensatory dam
age, but punitive damages, for the
want OF exercise of care IN the charac-
ter OF their employees selected and ex-
! perlehce has long since demonstrated
that merely compensatory damages are
not sufficient to compel these companies
/ to take that care an! attention that the
personal safety and security of the travel
ing public demand. Under the peculiar
circumstance of this case, the court is
unable to separate the proof of actual
damage from the inference of puni-
tive damage. The conduct of the agent
OF the company is so intimately con-
nected with the proof of the circum-
stances connected with and the charac-
ter of the injury received, that one can
not be excused without the other; so
that the evidence, although in It's ma
ture tending to show reason for punt
tive damages, would still be admissible
as showing The actual damages; but
order the rulings in this case heretofore
stated by the court, and for other rea-
sons, would be admissible. The mo.
ton for new trial is overruled, and the
clerk will enter judgment for the plain
! tiff or the verdict,