Mobile & Ohio Railroad v. Moreland

Citations

• 104 Miss. 312
• 61 So. 424

Syllabus

<p>Carriers. Passengers. Breach of contract. Punitive damages.</p> <p>Where a passenger on boarding a railroad train gave her ticket to the conductor and, on arriving at her destination and seeing that the train did not stop at once, said to the flagman that she had a ticket to that place and requested him to stop the train and allow her to get off, explaining to him the urgent necessity for her doing so, but the flagman refused to stop and in a few moments she stated the same thing to the conductor who also refused to stop and upon her saying that she would see if something else could be done the conductor sneeringly said; “You can sue the company.” And plaintiff was carried on to the next station and furnished transportation hack to her destination, after three hours’ delay. In such ease the refusal of the railroad employees to stop the train was tantamount to a wilful and wanton disregard of plaintiff’s contractual rights and entitled her to recover punitive damages.</p>