MILWAUKEE, ETC. R.R. CO. v. ARMS ET AL.


91 U.S. 489 (____)

MILWAUKEE AND ST. PAUL RAILWAY COMPANY v. ARMS ET AL.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. John W. Cary for the plaintiff in error.

Mr. C.C. Nourse for the defendants in error.

Mr. J. Hubley Ashton for the plaintiff in error. Mr. J.W. Denver, contra.


MR. JUSTICE DAVIS delivered the opinion of the court.

The court doutless assumed, in its instructions to the jury, that the mere collision of two railroad trains is, ipso facto, evidence of gross negligence on the part of the employés of the company, justifying the assessment of exemplary damages; for a collision could not well occur under less aggravated circumstances, or cause slighter injury. Neither train was thrown...

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