Louisville & Nashville Railroad v. Maybin

Citations

• 66 Miss. 83

Syllabus

<p>1. RaiiiROAD. Ticket. Expulsion of passenger. . Punitive damages.</p> <p>A passenger wbo bas a ticket is entitled to a reasonable time to produce it, when requested to do so by tbe conductor, and if, without being given such reasonable time, he is expelled from the train, and abused and insulted by the conductor, he is entitled to recover punitive damages of the railroad company.</p> <p>2. Railroad. Expulsion. Seasonable measures.</p> <p>If a person traveling upon a train has not a ticket, or having one, is unable to exhibit it to the conductor within a reasonable time after it is demanded, and refuses to pay the usual fare for the balance of the trip, he may be required to leave, or be expelled from;, the train; but this should be without abuse, insult or unnecessary force or violence.</p> <p>3. Passenger not Responsible eor acts op Adult Son.</p> <p>A father is not responsible for the acts of an adult son with whom he is traveling; and if the son be guilty of misconduct, justifying his expulsion from the train, this will not justify the conductor in ordering the father to leave or in ejecting him.</p> <p>4. Evidence. Cross-examination.</p> <p>When a plaintiff, who has been expelled from the train for failing to produce a ticket, testifies on direct examination as a witness that he then had a ticket, and had not sold it or given it away, and had it after leaving the car, it is error to refuse to allow the defendant to cross-examine him as to what had become of the ticket.</p>