Alabama & Vicksburg Railway Co. v. Livingston

Citations

• 84 Miss. 1

Syllabus

<p>1. Railroads. Trespasser. Freight train. Erroneous information. Track supervisor.</p> <p>A person is a trespasser, though not a willful one, and not a passenger under an implied contract, who hoards a freight train which does not carry passengers, believing from erroneous information given him by the railroad company’s supervisor of tracks that he had the right to take passage thereon.</p> <p>2. Same. Ejection. Trespasser. Cursing and abusing.</p> <p>A railroad company is liable for the misconduct of the conductor of its freight train, which did not carry passengers, if he curse and abuse a trespasser on ejecting him from the train.</p> <p>3. Same. Damages. Excessive verdict.</p> <p>Where plaintiff boarded a freight train erroneously believing that he had a right to travel thereon, and was expelled by the conductor, between stations on a stormy night, with abuse and cursing after an offer to pay his fare, a judgment for $2,000 in favor of plaintiff is excessive, and will be reversed unless $1,000 be remitted.</p>