Fairfield v. Louisville & Nashville Railroad

Citations

• 94 Miss. 887
• 48 So. 513

Syllabus

<p>1. Railroads. Failure to receive passenger. Pleadings. Issue. Instructions.</p> <p>In a suit against a railroad company for refusing to receive a passenger, the only defense pleaded or otherwise made being that the train was already full when plaintiff demanded carriage, it is error to instruct the jury that plaintiff cannot recover because of defects in her ticket or evidence of right to transportation.</p> <p>2. Same. Passengers. Coupon ticket. “Void if detached” provision on.</p> <p>A condition on a railroad coupon ticket, that tho coupons are “void if detached” must be reasonably construed to prevent injustice, and the holder cannot be denied passage merely because the coupon has been inadvertently detached, if both parts are presented and it can be seen by inspection that they correspond.</p> <p>2. Harmless Error. Appeal. Instruction.</p> <p>Erroneous instructions on the measure of damages are harmless where the jury find that there is no liability.</p>