Year: 1871

An important case was decided in the
United States District Court at Des
Molnes, 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 oyerraled 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,
it is true, are in the nature of punish
ment, and it is equally true that, in or
dlnary cases, it is contrary to our ideas
of Justice that the defendant should re-
ce1ye more than compensation for 1nJu-
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 it 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 aris-
ing from the misconduct or negligence
of their employees, they are liable to
punitive damage. It 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
juries 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
of the company; but the complete an
swer is that railroad company acts
only through its 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 a rem
edy nor security. The public employ


capable, honest, and reliable men,


and it is the duty of the companies to
see that their employees are of
proper character, or courts and lurles
will hold them to strict accountable
ity for the misconduct. A railroad


company employs drunken engineer /;
the life and personal security of the


travelling public is in his hands. The
public can know nothing of his charac-
! ter, and, if an accident occurs, occa-


stoned by his 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 in compensatory dam
age, but punitive damages, for the


want of exercise of care In the charac-


ter of their employees selected and ex-


perience has long since demonstrated


that merely compensatory damages are
not sufficient to compel these companies
/ to take that care and 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 its ma


ture tending to show a 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-


tion for new trial is overruled, and the


clerk will enter judgment for the plain
/ tiff or the verdict.