Brooks v. Jamesville & Washington Railroad

Avery, J.: Though a critical examination of the assignments of error shows that some of the instructions given to the jury and excepted to by defendant were erroneous, upon different grounds, yet we deem it best to hold that this case depends upon the principle announced in the opinion in Hansley v. Railroad, filed at this term, in reference to the allowance of vindictive damages, and therefore we grant a new trial.