A Treatise On the Law of Carriers : As Administered By the Courts of the United States, Canada And England, Covering the Principles And Rules Applicable to Carriers of Goods, Passengers, Live Stock, Common Carriers, Connecting Carriers, And Interstate And

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H. 9, 72 Am. Dec. 387; Maysville, etc., R. Co. V. Herrick, 13 Bush (Ky.), 132; Louisville, etc., R. Co. v.
McCoy, 81 Ky. 403, absence of slight care is gross negligence.
DAMAGES.
1723 raise a presumption of conscious indifference to consequences, or so gross as to be equivalent to positive misconduct.^ A neglect of duty not attended witli any circumstances of insult, aggravation of feelings, of injury to the person or his property, or of bodily or mental suffering, would not amount to gross neg
...ligence and justify the imposition of exemplary damages.^^ § 11. Exemplary damages for carrier's acts.
The carrier, whether a corporation or a private person, is liable in exemplary damages for acts of a reckless and criminal nature, or 6o gross and culpable as to evince utter recklessness; for in- stance, knowingly and wantonly employing an incompetent ser- vant, or retaining him in its employ after knowledge of his incom- petency or unfitness,*^ or willfully, maliciously, or so negligently 90.


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