International & Great Northern Railroad v. Wilkes

Citations

• 68 Tex. 617
• 5 S.W. 491
• 1887 Tex. LEXIS 737

Syllabus

<p>1. Damages—Railways.—A conductor of a railway passenger train can not resort to the immediate expulsion of a passenger therefrom, for non payment of fare, unless the passenger first refuses to produce his ticket, or to pay. |Tf the conductor arbitrarily compels the passenger to leave the train, under a demonstration to use force, and without waiting a reasonable time for the passenger to exhibit a ticket which he had purchased, and the temporary misplacing of which he announces, the company is liable^in damages for the resulting inconvenience to the passenger, the pain of mind and body, mortification of feelings endured, and the expense and other injury to which he is subjected as a proximate result. What, under all the circumstances would be a reasonable time given for the production of the ticket, must depend on the facts of each particular case, to be determined by a jury.</p> <p>2. Remittitur.—The rule that a remittitur of part of the damages assessed by a jury, will not be allowed, must be confined to cases in which the amount of an excessive verdict evinces a disregard of the evidence by the jury, and shows that prejudice influenced their verdict; to allow a remittitur in such cases would be to permit the court to usurp the province of the jury. But when in view of all the evidence the verdict for damages is clearly warranted by the evidence, and the plaintiff remits a portion of it, judgment may properly be rendered for the remainder.</p> <p>3. Cases Reviewed.—Hoskins v. Ruling, 2 Texas Civil Cases, 142; Hardeman v. Morgan, 48 Texas, 103; Thomas v. Womack, 13 Texas, 580; Hughes v. Brooks, 36 Texas, 379, and Heidenheimer v. Sehlett, 63 Texas, 395, reviewed with reference to the rule prohibiting a remittitur of a portion of the amount of damages assessed by verdict.</p> <p>4. Pact Case.—See the opinion in this case for facts, under which it was held that a verdict for five hundred dollars for damages resulting to a passenger on a railway, for being ejected f