Pullman's Palace Car Co. v. Ehrman

Citations

• 65 Miss. 383

Syllabus

<p>Sleeping Car Company. .Refusal of servant to make down berth. Action for damages. Case in judgment.</p> <p>E. hired a berth on a sleeping and buffet car. At 81 o’clock P. M. he asked that the berth be made down. The porter replied that he could not make down the berth until he had served certain lunches that had been previously ordered. E. then demanded, in an angry manner, that the berth be made down instantly. The porter refused in an angry and insulting manner to make down the berth until he had served the lunches. E. then demanded that the berth be instantly made down or a return of his money. The conductor refused to return the money. The berth was made down as soon as the lunches had been served, and by 9 o’clock. E. did not occupy the berth, but sat up all night. He brought an action for damages against the sleeping car company. Held, that E. • has no cause of action.</p>