Yazoo & M. V. R. v. Walls

Citations

• 110 Miss. 256
• 70 So. 349

Syllabus

<p>1. Carriers. Carriage of passengers. Schedules. Duty of carrier’s officers. Ejection. Trial. Instructions. Refusal.</p> <p>A railroad company has the right to so arrange its schedules that some of its trains will not stop at all of its stations, and in the absence of a special contract to the contrary is ordinarily under no obligation to stop its trains and discharge passengers at a station at which the train is not regularly scheduled to stop.</p> <p>2. Carriers. Carriage of passengers. Duty of carrier’s officers.</p> <p>While it is true that the holder of a railroad ticket should inquire before embarking upon a train whether it will stop at the place to which he has purchased his ticket, nevertheless, the servants of a railroad company are not relieved of all duty in this connection toward a passenger who has mistakenly embarked upon a train not scheduled to stop at the place to which he has purchased a ticket. They should inform him of that fact upon their discovery thereof, so that he may disembark at a regular stop, if any, before reaching his destination and continue his journey on another train.</p> <p>3. Same.</p> <p>If the employees of the company negligently fail to discharge this duty to such a passenger, they have no right thereafter to deal with him in such a manner as to impose undue inconvenience and discomfort upon him in reaching his destination. They have no right to eject him from the train between stations, on a darjk and rainy night, at a place with which he is not familiar, even though he fails to pay his fare to the next regular stop.</p> <p>4. Trial.' Instructions. Refusal.</p> <p>The error complained of, if error in fact there is, in appellee’s first instruction, set out in dissenting opinion, was cured by the granting of appellant’s fifth instruction set out in the facts in this case.</p>