Rose v. Wilmington & Weldon Railroad

Citations

• 11 S.E. 526
• 106 N.C. 168

Syllabus

<p>Carriers — Manner of Expulsion of Passenger.</p> <p>On the trial of an action for damages for putting the feme plaintiff off a railway train, it appeared that the tickets held by herself and husband were not stamped as required, and the conductor told the husband that they must pay or get off, after the husband had urged him to telegraph for leave for them to go on to W. on the unstamped tickets; that when they reached the next station, the conductor returned and said, in a “brusque, decided manner,” to the husband, “This is Halifax, if you are going to get off”; and he, saying that lie had no intention of getting off unless ordered, the conductor said, “ very decidedly, quickly and rudely,” “Then I order you to get off,” at which plaintiff and her husband got off, hut returned and paid their fare: Held, that the company was not liable for damages for the manner of expulsion, although the /eme plaintiff was riding on pillows and apparently unwell.</p>