Stephen Johnson Field

“ The statutes of nearly every state of the Union provide for the increase of damages where the injury complained of results from the neglect of duties imposed for the better, security of life and property, and make that increase in many cases double, in some cases treble, and even quadruple the actual damages. ”

“ The omission to erect and maintain such fences and cattle-guards in the face of the law would justly be deemed gross negligence, and if, in such cases, where injuries to property are committed, something beyond compensatory damages may be awarded to the owner by way of punishment for the company's negligence, the legislature may fix the amount or prescribe the limit within which the jury may exercise their discretion. ”

“ In few instances could the power be more wisely or beneficently exercised than in compelling railroad corporations to inclose their roads with fences, having gates at crossings, and cattle-guards. The speed and momentum of the locomotive render such protection against accident in thickly settled portions of the country absolutely essential. ”

“ By the common as well as by statute law, men are often punished for aggravated misconduct or lawless acts by means of a civil action, and the damages inflicted by way of penalty or punishment given to the party injured.' 13 How. ”

“ Authority for exacting it is found in the general police power of the state to provide against accidents to life and property in any business or employment, whether under the charge of private persons or of corporations. ”