Baltimore & Ohio R. R. v. Bambrey

Citations

• 2 Monag. 109
• 16 A. 67
• 1888 Pa. LEXIS 823

Syllabus

<p>In an action of trespass on the case against a railroad company, it appeared that the plaintiff purchased a round trip ticket, which was collected by the conductor of the out-going train, and a conductor’s trip check was given by mistake in return. On the return trip, the conductor’s check was rejected by the conductor of the return train, and the plaintiff was required to leave the train before reaching her destination, and walked the remaining distance, about eight miles. The declaration alleged an unlawful ejection of a passenger. Held, that the defendant company was liable in damages.</p> <p>On the question of proximate cause, there was no error to refuse to charge as follows : “Under the evidence, the injury to plaintiff consisted in depriving the passenger of the return ticket and thereupon the right of action accrued, and the matters happening subsequently thereto complained of are but the results, proximate or remote, of the said wrong, and cannot in themselves constitute or be charged as a separate and distinct cause of action, and, under the pleadings, there can be no recovery.”</p> <p>■ The measure of damages, in such case, is such sum as shall compensate the plaintiff for all injury directly or naturally following from the act of the defendant in ejecting the plaintiff from its'train, including bodily and mental pain and suffering, and any physical disability or sickness which may be the direct result of defendant’s act, and is not limited to compensation for the trouble and inconvenience caused by the delay and the additional expense to complete the journey.</p>