Legal Opinion

Rawitzky v. Louisville & Nashville Railroad

Supreme Court of Louisiana

Decided January 15, 1888No. 10,041PublishedCited by 5 opinions

APPEAL from tbe Civil District Court for tbe Parish of Orleans j Bightor, J. 1. Parol evidence to allow statements of company’s regular ticket agent is admissible. 2 Lea (Xenn.) 594 ; 76 Penna. 66 ; 63 Me. 298, 302. 2. Representations concerning rights under ticket made by agent are within the scope of his authority and the company is bound by them. 10 Neb. 250; 11 Red.

Read the full summary

APPEAL from tbe Civil District Court for tbe Parish of Orleans j Bightor, J. 1. Parol evidence to allow statements of company’s regular ticket agent is admissible. 2 Lea (Xenn.) 594 ; 76 Penna. 66 ; 63 Me. 298, 302. 2. Representations concerning rights under ticket made by agent are within the scope of his authority and the company is bound by them. 10 Neb. 250; 11 Red. Rep. 698. 3. Actual as well as exemplary damages will be allowed for wrongful expulsion from railway train, and courts are to take into consideration the humiliation to personal feelings, the degradation, as well as the loss…

1Opinion of the Court

The opinion of the Court was delivered by

Pochb, J.

Plaintiff claims damages in the sum of ten thousand dollars on the ground that he was illegally and wrongfully ejected from one of the defendant company’s trains on which he was a passenger.

The defence is substantially that the ticket which plaintiff tendered to the conductor for his fare had expired by limitation under the very terms stipulated therein, as accepted by plaintiff under his signature; and that when called on to pay his fare as an ordinary passenger, plaintiff had refused compliance, preferring to leave the train at a way station.

2Cited by5 opinions

  1. Boylan v. Hot Springs RailroadSupreme Court of the United States · 1889
  2. Southern Railway Co. v. WatsonSupreme Court of Georgia · 1900
  3. Freeman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1905
  4. St. Louis S. F. R. Co. v. JohnsonSupreme Court of Oklahoma · 1910
  5. Martin v. TellotteSupreme Court of Louisiana · 1905

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API