Toledo, Wabash Western Railway Co. v. Smith

Per Curiam :

In this case the railway company and its conductor were sued for damages for the expulsion of appellee from the train.

Numerous errors have been assigned, both upon the evidence and the instructions. We shall consider only one instruction, for the giving of which the judgment must be reversed.

In the fourth of the series of instructions for appellee, the court informed the jury that in assessing damages against the defendants, it was proper for the jury to consider the ability of the company to pay damages.

The verdict was against both the company and the conductor, and they both…