Legal Opinion

Phillips v. Atlantic Coast Line Railroad

Supreme Court of South Carolina

Decided December 19, 1911No. 8062PublishedCited by 2 opinions

Before Prince, J., Sumter, November, 1910. Action by Lucius B. Phillips against ¡the Atlantic Coast Line Railroad Company and Warren Jones. Defendants appeal. Mr. McLemore cites: Issue of punitive damages should have been withdrawn from the jury: Sutlb. on Dam., sec. 393; 69 S. C. 444; 62 S. C. 352'; 64 S. C. 433; 47 Am. R. 279. A passenger lawfully ejected may be refused entrance again: 77 Am. Dec. 347; 43 Amt R. 432; 3 Vroom'. 309;-54 Am. R. 699; 3 Pork. Or.

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Before Prince, J., Sumter, November, 1910. Action by Lucius B. Phillips against ¡the Atlantic Coast Line Railroad Company and Warren Jones. Defendants appeal. Mr. McLemore cites: Issue of punitive damages should have been withdrawn from the jury: Sutlb. on Dam., sec. 393; 69 S. C. 444; 62 S. C. 352'; 64 S. C. 433; 47 Am. R. 279. A passenger lawfully ejected may be refused entrance again: 77 Am. Dec. 347; 43 Amt R. 432; 3 Vroom'. 309;-54 Am. R. 699; 3 Pork. Or. Cas. 334; 18 Red 155; 15 S. E. 13; 16 Oyc. 553-4; 35 Aim R. 278; 10 S. E. 566; 65 S. C. 356; 50 Am. R. 533; 36 Amt R. 50; 34 Am, R.…

1Opinion of the Court

The opinion of the Court was. delivered by

Mr. Chief Justice Jones.

The plaintiff boarded defendant’s train at Florence, S. C., as a passenger for Marion, S. C., on February 14, 1910, and was ejected at Mars Bluff, a regular station, for nonpayment of fare.

Before ’putting plaintiff off the conductor informed him that if he was ejected he would not he allowed to re-enter the train. A© soon as plaintiff stepped on the ground he offered to pay full cash fare from Florence toi Marion, but was informed by the conductor that he could not get on the train and when plaintiff got upon the first steps of…

2Cases cited2 opinions

  1. Pease v. . D., L. W.R.R. Co.New York Court of Appeals · 1886
  2. Weber v. Southern Ry. Co.Supreme Court of South Carolina · 1903

3Cited by2 opinions

  1. Baldwin v. LampkinCourt of Appeals of Georgia · 1914
  2. Chicago, Rock Island & Pacific Railway Co. v. WatkinsSupreme Court of Arkansas · 1915

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