Cincinnati Northern Traction Co. v. Rosnagle

Citations

• 84 Ohio St. (N.S.) 310

Syllabus

<p>Expulsion of infant passenger — By conductor from railway train— For alleged failure to pay fare — Company liable for error of judgment by conductor — Question of legal nature of coin tendered — Redemption of coin by government — Fright and terror proper elements of damage, when.</p> <p>1. The power of a railway company to expel from its cars persons who refuse to pay the legal fare is vested in the conductor in charge of such cars. But if the conductor wrongfully expels • one who is entitled to the rights of a passenger, the company is liable to such person in damages, even though such expulsion is doné through an error of judgment on the part of the conductor in charge.</p> <p>2. A coin issued by authority of law to circulate as money is not deprived of its legal tender^ quality, merely by being worn in the process of circulation nor when bruised or cracked, so long as it is not appreciably diminished in weight and retains the evidence of its being genuine coinage. And when a passenger . on a car of a common carrier tenders such a coin in payment of his fare which is refused, and the passenger ejected, he may maintain an action for damages against the company, even though the conductor in good faith believed the coin not to be legal tender. In such case the passenger is not required fo tender other money in payment of his fare.</p> <p>3. The rules of the United States Treasury Department in regard to the redemption of coins authorized by statute relate simply to redemption and do not affect the question of legal tender.</p> <p>.4. In an action by an infant of tender years for wrongful ejectment from a railway car or train, which wrongful ejectment was wilful and intentional, fright and terror are proper elements of damage if such ejectment was under circumstances which would naturally cause fright and terror to the infant.</p>