Baltimore & Ohio Railroad v. Barger

Citations

• 80 Md. 23
• 26 L.R.A. 220
• 30 A. 560
• 1894 Md. LEXIS 93

Syllabus

<p>Carriers — Assault by Conductor — Evidence—Damages.</p> <p>In an action by a passenger to recover damages for an assault on him by the conductor of defendant’s train, evidence that on some other occasion, the time and circumstances -of which are not mentioned, the plaintiff had used abusive and profane language to the conductor and made threats against him, is not admissible.</p> <p>There may be cases in which the conduct of a passenger towards an employee, is such that the carrier would not be liable for an assault committed by the employee. But the mere fact that a passenger uses abusive and profane language to a conductor, does not justify an assault by him, and the carrier is liable for his act.</p> <p>If the assault was provoked by the language used by the plaintiff, the jury are authorized to consider such provocation in mitigation pf damages. But when the fact that he used such language is denied by the plaintiff; the jury cannot be instructed that from all the evidence in the case, the plaintiff is not entitled to recover exemplary damages.</p> <p>Under the circumstances of this case, an instruction that the jury are “at liberty to consider the violent character of the defendant’s conduct and the outrage to the feelings of the plaintiff, and thereupon award such exemplary or punitive damages as the circum- , stances may in their judgment require,” was correct.</p>