R., F. & P. R. R. v. Ashby

Citations

• 79 Va. 130
• 1884 Va. LEXIS 69

Syllabus

<p>1. Railroad Companies—Passengers.—When' a railroad company has sold a passenger a ticket to a particular station it has no right to refuse to stop its train there, and is liable for such refusal. And a ticket from one designated station to another is good for any intermediate station at which, by the regulations of the company, the train regularly stops.</p> <p>2. Idem—Idem—Case at Bar.—Just before the arrival of a train A. buys a ticket to B. station, enters the train, and is told by the conductor that it did not stop at B.; A. asks to be put off at R., a station short of B., where the train had.to stop ; but the conductor tells him he could not travel on that train on that ticket; stops the train at C. bridge, which was short of R., and in a low marsh, and in the afternoon, in a drizzling rain and eastern storm, against A’s consent, puts off A., who was then sick, and had to walk three miles to his destination, in consequence of which exposure and fatigue A. became ill, was laid up two months, and lost his position, with his salary of $600 a year. At the trial of his action against the company for damages the jury allows him §500. The company moves to set aside the verdict, as contrary to the law and the evidence, excessive and punitive. The court below overrules the motion, and defendant excepts. On error</p> <p>Held :</p> <p>1. The verdict is sustained by the law and warranted by the evidence.</p> <p>2. Plaintiff was not only entitled under the circumstances to damages to the extent of the actual injury, but it was a proper case for exemplary damages.</p>