Louisville & Nashville Railroad v. Garrett

This action is brought to recover damages for being “ wrongfully, wantonly and maliciously ejected from defendant’s cars, whereby the party was greatly injured,” etc., as appears by the first count of the declaration. We need not consider any question arising on the second count, averring the tender of a tax receipt in payment of the fare, as the circuit judge ruled in favor of the defendant on that count, holding the tender not good, and the verdict of the jury is evidently based on the first count alone.-

A preliminary question is presented as to exceptions taken to reading the deposition of…