Legal Opinion

Desportes v. Southern Ry.

Supreme Court of South Carolina

Decided October 22, 1910No. 7693PublishedCited by 6 opinions

Before 'W. B. Gruber, Special Judge, October, 1909. Action by John A. DesPortes against Southern Ry. From judgment for plaintiff, defendant appeals. cite: Plaintiff is bound by. his contract: 26 S. C. 96; Lawson oni Car. sec. 102; 32 Am. Dec. 506; 62 S. C. 1; 72 S. C. 361; 17 Am.

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Before 'W. B. Gruber, Special Judge, October, 1909. Action by John A. DesPortes against Southern Ry. From judgment for plaintiff, defendant appeals. cite: Plaintiff is bound by. his contract: 26 S. C. 96; Lawson oni Car. sec. 102; 32 Am. Dec. 506; 62 S. C. 1; 72 S. C. 361; 17 Am. St. R. 415; 12 L. R. A. 823; Hutch, on Car. sec. 568, 580a, 580b; 81 Mich. 364; Fetter on Car. secs. 284, 289; 127 U. S. 390; 132 U. S. 146; 67 S. C. 268; 173 U. S. 684. Punitive damages not recoverable: 69 S. C. 444. Plaintiff should minimise damages: 75 S. C. 355. cite: That there zvas no evidence to support cause…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

The plaintiff brought this action to recover actual and punitive damages for an alleged unlawful anid wanton expulsion from defendant’s train at Reynolds, S. C., on November'll, 1908.

Plaintiff is a traveling salesman and had purchased from defendant at Columbia, S. C., a thousand mile interchangeable mileage book or ticket, good for passage over defendant’s line upon compliance with conditions.

On November 11, 1908, plaintiff boarded defendant’s train at Denmark, S. C., having exchanged coupons for a ticket to Blackville, S. C.,…

2Cited by6 opinions

  1. Hagerman v. CommissionerUnited States Board of Tax Appeals · 1936
  2. State ex rel. Spokane International Railway Co. v. KuykendallWashington Supreme Court · 1924
  3. Mason v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
  4. W. H. Edgar & Son v. Grocers' Wholesale Co.Court of Appeals for the Eighth Circuit · 1924
  5. Cresswell v. Dixie Co.Court of Appeals of Texas · 1928

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