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TEXAS AND PACIFIC RAILWAY v. VOLK

No. 161.

151 U.S. 73 (1894)

14 S.Ct. 239

38 L.Ed. 78

TEXAS AND PACIFIC RAILWAY COMPANY, v. VOLK.

Supreme Court of United States.

Decided January 3, 1894.

Attorney(s) appearing for the Case

Mr. John F. Dillon, (with whom were Mr. Winslow S. Pierce and Mr. Harry Hubbard on the brief,) for plaintiff in error.

Mr. A.H. Garland, for defendant in error, submitted on his brief.

MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.

The rulings as to the allegations and proof upon the subject of exemplary damages became immaterial by the subsequent instruction of the court withdrawing from the consideration of the jury the claim of such damages, and by the return of a verdict for actual damages only. Pennsylvania Co. v. Roy, 102 U.S. 451; New York, Lake Erie & Western...

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