Mobile & Ohio Railroad v. Dill
Mobile & Ohio Railroad v. Dill
Opinion of the Court
Opinion of the Court by
Reversing.
Plaintiff, Libbie Dill, brought this action against the Illinois Central Railroad Company and Mobile & Ohio Railroad Company to recover damages for wrongful ejection as a passenger. The trial before a jury resulted in a directed verdict for the Illinois Central Railroad Company and a judgment against the Mobile & Ohio Railroad Company for $750.00. The Mobile & Ohio Railroad Company appeals.
The facts are as follows: On August 6th, 1914, plaintiff, Libbie Dill, and her mother-in-law, Maggie Dill, purchased from the Illinois Central Railroad Company, at Paducah, two tickets entitling them to transportation over its line from Paducah to St. Louis, Missouri. Late in the evening they boarded an Illinois Central train, which carried them to Cairo, Illinois, where, in order for them to reach their destination, it was necessary to leave the train on which they were passengers and take another Illinois Central train leaving there at about 2:30 on the morning of August 7th. At Cairo the passenger station is called the “Union
After being put off, they walked up to the “tower” and remained there for perhaps a half-hour, when they were put on the Illinois Central train for St. Louis by the person in charge of the “tower.” They reached St. Louis about six o’clock the next morning. They further say that they objected very strenuously to beings put off and pleaded with the conductor not to put them off. They also claim that they offered to pay the conductor their fare to take them to another station.
For the Mobile & Ohio Railroad Company, the ticket agents at Cairo say that plaintiff and her mother-in-law did not exhibit to them their tickets and were not told by them to get on the Mobile & Ohio train. The conductor and flagman and also several station porters were introduced, and they say that they did not examine and inspect the tickets, or direct plaintiff and her mother-in-law to get on the train. It is further shown by the
Plaintiff predicates her right to recover on the claim that the agents and servants of the Mobile & Ohio Eailroad Company inspected her ticket and directed her to board the train on which she took passage; that thereafter that company, with gross negligence, carried her to an uninhabited, dangerous and desolate place, where there was no shelter, and there ejected her and compelled her to walk and carry her baggage over a rough, dangerous and uninhabited way to a place where she could secure shelter. This question was submitted to the jury with directions to find for plaintiff, if they so believed, such an amount in damages as would fairly compensate her for any mental pain and anguish which they might believe from the evidence that she suffered as the direct and proximate cause of her ejection. On the other hand, the jury were told that if they believed from the evidence that the defendant ejected plaintiff from the train at a suitable place for passengers to alight, they should find for the defendant. By another instruction, the jury were told that if they believed front the evidence that when the employes of defendant stop
It seems to us that in a case like this, where two roads jointly maintain a union station and run into and out of that station, and a party holding a ticket over one of the roads, by misdirection of their joint employes or the employes of the wrong train, takes passage on the wrong train, the true rule is that she is not a trespasser in the sense that she may be joined at any time or place, but is entitled to ride on the wrong train to the reasonably safe and convenient point from which she can reach a train on the proper road. Here both roads ran to Cairo Junction, and that was the proper place for plaintiff to be put off in order that she might continue her passage on the Illinois Central road over which she had a ticket. If, therefore, the Mobile & Ohio train stopped opposite the “tower,” plaintiff and her mother-in-law had but a short distance to walk in order to reach the “tower,” where ample accommodation for her comfort was provided, and her ejection at that point was proper. Plaintiff’s whole case, therefore, rests on the proposition that she was carried eight or ten squares past the “tower” to a place that was not reasonably safe and convenient of access to the “tower.” If that be true, the question is, what is the proper measure of damages? The evidence clearly shows that she was not subject to any additional expense or delay, but rode on the ticket which she had purchased and took the same train over the Illinois Central road that she would have taken had it not been for the alleged misdirection. While the place where, according to her evidence, she was compelled to alight was some distance from the “tower” and at an unfrequented spot, the evidence fails to show that this place was dangerous in the sense that she suffered any personal injury or illness as the result of her ejection at that place. She complains in her evidence of the inconvenience and discomfort attending her return to the “tower” and of the
With respect to the instruction authorizing a recovery if plaintiff, on being told to leave the train, offered to pay her fare to the next passenger station, it is sufficient to say that no such ground of recovery was relied on in the petition and it was, therefore, error to submit this phase of the case to the jury.
Judgment reversed and cause remanded for a new trial consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.