Louisville & Nashville Railroad v. Dancy

— This action joins case and trespass in one count; case, in that defendant “failed and refused to stop the train,” at Letohatchie, the station of plaintiff’s destination, whereby she, a passenger, was unable to get off; trespass, in that “plaintiff was carried past said station about one half mile and put off with her baggage against her protest and objection.” Plea, general denial. A failure and refusal to stop the train, as alleged, of itself constituted an actionable wrong. Such failure and refusal if committed, might by some matter, pleaded in avoidance, be justified or excused, and yet,…