Railway Co. v. Trimble
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Fort Smith District. John S. Little, Judge. Trimble’s complaint was that defendant, the St. Louis and San Francisco Railway Company, operating a railroad in the State more than seventy-five miles in length, wrongfully ejected him from its train because he refused to pay for fare from Van Burén to Lillie station five cents per mile, being in excess of the maximum rate fixed by the act of April 4, 1887, regulating the rates of charges for…
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APPEAL from Sebastian Circuit Court, Fort Smith District. John S. Little, Judge. Trimble’s complaint was that defendant, the St. Louis and San Francisco Railway Company, operating a railroad in the State more than seventy-five miles in length, wrongfully ejected him from its train because he refused to pay for fare from Van Burén to Lillie station five cents per mile, being in excess of the maximum rate fixed by the act of April 4, 1887, regulating the rates of charges for the carriage of passengers. At three cents per mile the fare would be 25 cents; the fare demanded was 35 cents. By…
1Opinion of the Court
Cockrill, C. T. ’ J
1. Damages for ejection of jiiway passem The charge of the court upon the & 1 measure of damages assumes that the plaintiff was humiliated, that his feelings were wounded, and that he suffered “ pain of mind ” by being put off the train. Whether the plaintiff was humiliated and suffered as indicated, was a question of fact for the jury’s consideration.
The inference that one has so suffered may be legitimately drawn, without express proof of the fact, in a case where nothing is shown except that the servants of the railway have wrongfully expelled a passenger from one of its…
2Cases cited1 opinion
- Cincinnati, Hamilton & Dayton Railroad v. ColeOhio Supreme Court · 1876
3Cited by6 opinions
- Young v. GormleySupreme Court of Iowa · 1903
- M., K. & T. Railway Co. v. TurleyCourt Of Appeals Of Indian Territory · 1896
- Brenner v. Jonesboro, Lake City & Eastern RailroadSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. FranklinSupreme Court of Arkansas · 1914
- Southern Pacific Co. v. PattersonCourt of Appeals of Texas · 1894
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