Legal Opinion

Miss. & Tenn. R. R. v. Gill

Mississippi Supreme Court

Decided October 15, 1888PublishedCited by 9 opinions

Appeal from the circuit court of Tate county. Hon. W. M. Eogers, Judge. The plaintiff, Gill, and his wife were passengers upon the train of defendant, with tickets to Senatobia, their home.

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Appeal from the circuit court of Tate county. Hon. W. M. Eogers, Judge. The plaintiff, Gill, and his wife were passengers upon the train of defendant, with tickets to Senatobia, their home. Upon the arrival of the train at that station they arose to leave the car, but were prevented from alighting by the crowding into the coach of a large number of excursionists, who desired to get on board, and for the most part sought to enter at the end of the coach at which plaintiff and his wife were seeking an exit. The conductor was assisting passengers at the other end of the car. The train stopped a…

1Opinion of the Court

Campbell, J,,

delivered the opinion of the court.

This is not a case for punitive damages even on the evidence produced by the plaintiff and the court erred in not so ruling. Brusqueness on the part of a railroad conductor is not an insult for which his employers are to be punished where it amounts to no *45inore than appears in this record. The notion that he was insulted by the conductor appears to have been an afterthought of the plaintiff succeeding his letter of complaint to the company, in which he made no mention of having been insulted, but based his claim to damages on the wrong done him…

2Cited by9 opinions

  1. Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
  2. Atkinson v. Dixie Greyhound Lines, Inc.Court of Appeals for the Fifth Circuit · 1944
  3. Illinois Cent. R. Co. v. RamsayMississippi Supreme Court · 1930
  4. Mississippi Power Co. v. ByrdMississippi Supreme Court · 1931
  5. New Orleans N.E.R. Co. v. MartinMississippi Supreme Court · 1925

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