Williams v. Southern Ry. Co.

Citations

• 107 Miss. 99
• 64 So. 969

Syllabus

<p>Carriers. Action for wrongful ejection. Exemplary damages.</p> <p>Where plaintiff owned a railroad mileage hook and there was a stipulation on the back of the hook under the heading “Instructions to Conductors” that, “Any ticket issued hy an agent in exchange for coupons detached from the ticket will he honored only when presented in connection with this ticket. Holder must identify himself as the original purchaser of this ticket to your . entire satisfaction.” And a further stipulation that a passenger should exchange the mileage for a ticket, and in exchanging the mileage remaining in the hook for a ticket, the hook was retained hy the ticket agent of defendant, who did not explain that its production with the ticket was necessary, and plaintiff had never before been called upon to produce the hook and did not know its production was necessary, and the train auditor refused to accept the ticket from plaintiff without the hook, and ejected plaintiff from the train, although the facts were explained to him and plaintiff was identified to the satisfaction of the conductor. In such case the conduct of the auditor was arbitrary, willful, and oppressive, evincing an utter disregard of plaintiff’s rights and made a proper case for the infliction of exemplary damages.</p>