[Download] "Debra Jo Harrison v. State Indiana" by Second District Court of Appeals of Indiana # Book PDF Kindle ePub Free
eBook details
- Title: Debra Jo Harrison v. State Indiana
- Author : Second District Court of Appeals of Indiana
- Release Date : January 22, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
VAN SANT, Commissioner. Appellee, Janie Thomas, an infant thirteen (13) years of age, sued by her next friend, Mrs. Margaret Thomas, to recover of appellant, Louisville & Nashville Railroad Company, damages growing out of the following alleged facts testified to by her: On April 3, 1942, she purchased a round-trip ticket over appellants railroad from Walton, Kentucky, to Bowling Green, Kentucky. She made the first trip of the journey on that day, and remained in Bowling Green until April 5, 1942. Immediately before her return trip she presented her ticket to the ticket agent at Bowling Green, and was advised by him to take the Pan-American, scheduled to leave at 2:15 P. M. Before boarding the train, she showed her ticket to the brakeman, who stood at the entrance of the coach on which she rode. He said to her, Walton, O. K; and she was assisted onto the train. Shortly after leaving Bowling Green, the conductor collected her ticket and informed her the train did not stop at Walton, and it would be necessary for her to leave the train at Elizabethtown, Louisville, or Worthville. He retained her ticket, and at no time tendered it back. She protested his demand that she leave the train; whereupon, the conductor cursed, abused, and pushed her, and threatened that if she did not leave the train, he would throw her off. That his conduct mortified, humiliated, and frightened her, as a result of which she suffered mental anguish and physical pain. She prayed for compensatory damages in the sum of Twenty-Five Hundred Dollars ($2,500), and for punitive damages in a like amount. The jury on the first trial rendered a verdict in her favor for One Thousand Dollars ($1,000) compensatory damages. On motion, the Court awarded appellant a new trial, upon which appellee was warded a verdict of One Thousand Dollars ($1,000) compensatory damages, and Two Hundred Fifty Dollars ($250) punitive damages; judgment was entered accordingly. Reversal is urged upon the grounds, (1) that the verdict is not sustained by sufficient evidence; (2) the damages are excessive and appear to have been given under the influence of passion and prejudice; (3) the Trial Court erred in his instructions to the jury; (4) the Trial Court erred in refusing to give instructions offered by appellant; and (5) the Court erred in admitting incompetent and irrelevant evidence over the objection of appellant.