Illinois Central Railroad v. Harper

Citations

• 83 Miss. 560

Syllabus

<p>1. Railroads. Two routes. Passengers. Wrongful ejection. Evidence. Directions of ticliet agent. Assurances of 'preceding conductor. Explanation of passenger. Buies of company. Exemplary damages.</p> <p>If a railroad, company, baying two routes between tbe point where it receives a passenger and tbe place of ber destination, sells ber a ticket without designation thereon of tbe route upon which it is good:</p> <p>(а) It will be bound by tbe direction of its ticket agent to the purchaser as to tbe proper train for ber to take, and liable to tbe passenger for an ejection from such train after she has begun ber journey; and</p> <p>(б) Tbe direction of tbe ticket agent and tbe statements of a preceding conductor of tbe company, over whose run tbe passenger bad been carried before ber ejection, to tbe effect that she was on tbe right train, are competent evidence for tbe passenger; and</p> <p>(c) If tbe succeeding conductor, after bearing tbe statements of a woman passenger, detailing tbe directions she bad received from tbe ticket agent and the declarations of tbe preceding conductor, refuse to honor ber ticket and put ber off, unattended in the night time, although be acted politely in so doing, it will be a willful wrong and subject bis company to exemplary damages; and</p> <p>(d) A passenger is not bound by a rule of tbe company, of which she did not have knowledge, requiring passengers to travel by the more direct route.</p> <p>2. Same. Passenger in wrong car. Duty of conductor.</p> <p>Where a woman passenger, by the direction of the ticket agent, took the wrong car of a train, the conductor is not, upon correcting the mistake, under a duty to escort her to the right car, the train being vestibuled and she not so ill as to require assistance.</p> <p>3. Same. Pleadings. Counts in declaration.</p> <p>A judgment for exemplary damages in an action of tort, dearly based upon a count of plaintiff’s declaration which is insufficient to support any judgment will be revers