Brenner v. Jonesboro, Lake City & Eastern Railroad
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Allen Hughes, Judge; STATEMENT BY THE COURT. Appellant endeavored to purchase a ticket from appellee’s station agent at Manilla to Leachville, another station on appellee’s road. The' agent did not have the printed tickets, and did not have time to fill one out, so appellant through the negligence of appellee was unable to procure a ticket.
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Appeal from Craighead Circuit Court, Jonesboro District; Allen Hughes, Judge; STATEMENT BY THE COURT. Appellant endeavored to purchase a ticket from appellee’s station agent at Manilla to Leachville, another station on appellee’s road. The' agent did not have the printed tickets, and did not have time to fill one out, so appellant through the negligence of appellee was unable to procure a ticket. The rules of the company require passengers without ticket to pay five cents per mile. The conductor, upon the failure of appellant to produce ticket, demanded of appellant the extra fare. Appellant…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The court was correct in not allowing the jury to consider the question of. appellant's alleged humiliation in assessing the damage. ' Ordinarily, “the sense of wrong suffered and the feeling of humiliation and disgrace” resultant from an illegal expulsion from a train in the presence of passengers is a proper element in measuring the actual damages to the injured party. 6 Cyc. 566. Wilson v. Northern Pac. R. Co., 5 Wash. 621, 32 Pac. Rep. 468. But this doctrine can have no application to a case where the passenger voluntarily suffers or seeks the expulsion…
2Cases cited3 opinions
- Willson v. Northern Pacific RailroadWashington Supreme Court · 1893
- Railway Co. v. TrimbleSupreme Court of Arkansas · 1891
- St. Louis Southwestern Railway Co. v. KnightSupreme Court of Arkansas · 1905
3Cited by3 opinions
- St. Louis Southwestern Railway Co. v. HammettSupreme Court of Arkansas · 1911
- Green v. United Railways Co. of St. LouisMissouri Court of Appeals · 1918
- Wright v. Orange & Passaic Valley Railway Co.Supreme Court of New Jersey · 1909