Marx v. Louisiana Western R.

Citations

• 112 La. 1085
• 36 So. 862
• 1904 La. LEXIS 515

Syllabus

<p>CARRIERS — EXPULSION OE PASSENGER — DAMAGES.</p> <p>1. When a railroad company fails to run its train on time, and the ticket holder boards the first passenger train thereafter, he is not to be ousted from the train on the ground that the limit of the ticket had expired.</p> <p>2. The railroad company is without right to relief on the ground that the limit of the ticket had expired by limitation, it alone having caused the delay to the passenger.</p> <p>3. The train due was late, and, in addition, passed the flag station without stopping as expected at the flag statipn. These were mishaps into which inquiry should have been made before ejecting the passenger.</p> <p>4. The passenger properly delivered his ticket, and explained why he was not on the first train. This was enough to place the one in charge on inquiry, and to stay expulsion until he could find out whether the passenger stated the truth or not.</p> <p>5. The amount of damages as fixed does not appear excessive.</p> <p>6. The wrongful expulsion of a passenger from a train is not only a breach of contract, but an offense or tort, and the elements of damages include compensation for mental suffering arising from the humiliation and degradation of being expelled in the presence of other passengers. Fetter, Carriers of Passengers, vol. 2, p. 1341 et seq.</p> <p>(Syllabus by the Court.)</p>