Mangum v. Norfolk & Western Railway Co.
Mangum v. Norfolk & Western Railway Co.
Opinion of the Court
delivered the opinion of the court.
This was an action of trespass on the case, brought by Wiley P. Mangum against the Norfolk and Western Railway Company. After all the evidence on both sides had been introduced, the defendant demurred to the plaintiff’s evidence. The case will be stated, therefore, under the rule obtaining on a demurrer to the evidence, which is too familiar to occupy space in restating it.
In 1916 there was in operation at Hopewell what is generally known as the Du Pont munition works, employing many thousand operatives. Hopewell is nine miles from Petersburg, and large numbers of these operatives lodged in Petersburg. These operatives worked in shifts so that many of them had to be transferred from one city to the other at least twice a day. During this period, the Norfolk and Western Railway Company operated between the two cities a number of trains daily. These trains were composed of fifteen or sixteen coaches each, and were generally crowded even on the platforms. Some, if not all, of these trains carried three conductors to collect fares, and as the distance between the cities was so short it took practically all of their time to collect the fares. There were no regular stops between the two cities, but there were several flag stations where passengers would be taken on or put off upon-signal to the engineer. No tickets were required to entitle a passenger to ride, but the rate was the same whether paid in money or by the use of a ticket. The railroad company, however, sold two kinds of round-trip tickets good for two days only, including the date of issue, one
The plaintiff, Mangum, testifies that on March 10, 1916, he purchased a round-trip reel ticket about 8 o’clock P. M„ rode from Petersburg to Hopewell on it and came back "on the street car, and put it into his vest pocket and kept .it there until “it had gotten out of date.” In answer to further interrogatories, he testified as follows:
“Q. Now, please explain to the jury what ticket you had on the 14th of March, 1916, where you got it, and how you came to get it?
*248 ^.“A. Well, this ticket, dated for the 10th, I had left over in my vest pocket, and the ticket which was dated the 13th which I .was using on the morning of the 14th, as I was coming out from the plant after 7 o’clock to get on the morning train from Hopewell that leaves there at 7:30, as I was coming out of the subway a young man hollered, ‘Ticket for. sale,’ and me knowing that I did not have any ticket, I asked him, I said, ‘What is the price of the ticket?’ and he said ‘Ten cents,’ and I gave him ten cents, and turned the ticket over and looked at it and just merely saw that it was dated for the 13th, that is all the inspection I gave the ticket whatever, and I put it in my pocket and went and .got on the ■ train. The conductor came through taking up the tickets, and I ran my hand in my pocket and got the ticket. I.got this one dated the 10th, this feel ticket, and the conductor taken the ticket and made a space or two ahead, and qame back and said, ‘This ticket is no good,’ and I seen right away what I did, so I put my hand in my pocket and got the second ticket which was dated the 13th, and which was apparently a good, ticket; I thought it was then, and I think yet it is a good ticket, and I tendered the ticket to the conductor, and he made a space or two ahead the second time and came back and said, ‘This ticket is no good, you will have to pay your fare or get off,’ and my thinking it was a good ticket and I yet believe it is a good ticket, I said to him, ‘Well, pull it down.’ He pulled the cord, and as I did so I realized where I was at, and I was worn out from twelve hours’ work and traveling back and forth, and I decided that I would pay him rather than be put off there like I would have been, so I proceeded to get up as he was pulling the cord the first time to give the engineer the signal to stop, and I brought some money from my pocket; I couldn’t say just the amount, but I had some- change. I do not think I had a quarter then, but I had a quarter in*249 my pocket, and I offered to pay the conductor, and he said, 'No, it is too late now, you will have to get off.’
* *
“Q. When you told the conductor, ‘Well, pull her down,’ or something like that, did you think he was- going to pull it down?
“Á. No, sir, I had no idea he would stop the train and put me off, because I though I had a good ticket all the time.
“Q. And when you saw, or as soon as you saw that he was going to put you off, then you made a tender of your fare, and he told you it was too late?
“A. Yes sir, I tendered the fare before he got through pulling the first time on the cord, which was the signal to stop the train. * * *
“Q. Now, just tell the jury, Mr. Mangum, what happened after the train started, after you were put off?
“A. After I was put off the train, of course the train started up, and I let the coach pass me that I had just gotten off, arid there was a young gentleman on there and he held up his hand and call out.to me, and he said, ‘Come and get on, I have some money to pay your fare,’ and I said, '‘No, I have got the money myself,’ so I decided that I had a right to ride that train on in, I had not done anything, and I got on the step to the second car; in other words, I got off the front end of one car and got on the front of the next, and got up on the steps and was standing there with one foot on the platform and one on the step, and this young gentleman came back and seen me and then got a detective.”
■ The signal to stop a train is two pulls on the cord. A •single pull means nothing. After Mangum was put off, the train started and he got on the coach next to the one from which he was ejected. The conductor saw him and had him arrested by the special police officer on the train, who de
Upon the defendant’s demurrer to the evidence, we must hold that the plaintiff in error acted in good faith, and honestly believed that his ticket was good and entitled him to passage; that the plaintiff in error offered to pay his fare while the conductor was pulling the bell-cord for the first time and before the stop signal had been completed; that the signal could easily have been stopped at this time, without inconvenience to any one, and that the conductor wrongfully refused to; accept the fare when so tendered and wrongfully ejected the plaintiff in error from the train.
The judgment of the circuit court will be reversed, and this court will enter such judgment as .the said circuit court ought to have entered, overruling the demurrer to the evidence and giving judgment in favor of the plaintiff for the sum of $2,000, with legal interest thereon from June 1,1917, until payment, and for the costs.
Reversed.
Reference
- Full Case Name
- Mangum v. Norfolk and Western Railway Company
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. PASSENGERS — Illegal Ejection From Train — Bight to Be-enter Train. — If a passenger was illegally ejected from a train in the first instance, he did not lose his rights as a passenger, and had the right to re-enter it, though not put off at a regular station, and to continue his journey, upon tender of the regular fare; and, if the tender was refused, the subsequent acts of the servants of the company in arresting and confining him and bringing him before a police justice, were illegal, and he had the right to recover damages therefor. 2. Carriers op Passengers — Ejection—Duty of Conductor — Tender of Fare. — It is the duty of the conductor to see that each passenger pays his fare. In the instant case the passenger tendered a ticket that was out of date. Upon 'being told by the conductor that it was no good he tendered a second ticket that was out of date. The passenger gave no explanation of his conduct, and the conductor was not chargeable with knowledge of his thoughts. When told that his second ticket was no good, and he must pay his fare or get off, his reply was, ’’Well, pull it down,” thereby refusing to pay his fare. If the conductor had then “pulled it down” and put him off, he would have been without fault, but before he could do so, the passenger recanted and offered to pay his fare. Aggravating as the situation was, the conductor should have accepted the fare when tendered, and not have put the passenger off. 3. Demurrer to the Evidence — Inferences Most Fmorable to De-murree. — On a demurrer to the evidence, if several inferences may be drawn from the evidence, differing in degree of probability, the court must adopt those most favorable to the de-murree, providing they be not forced, strained or manifestly repugnant to reason. 4. Carriers op Passengers — Bight of Passenger Where Validity of Ticket is Disputed. — Where a passenger was acting in good faith, and honestly believed that his ticket was good and entitled him to passage, he was entitled to a reasonable parley with the conductor, or reasonable time in which to determine upon his course of action. 5. Caerxers OF Passengers — Tickets and Fares — Rights as Between Passenger and Conductor — Right of Passenger to Re-enter Car. —As between the passenger and the conductor, the conductor is the sole judge of the validity of the ticket tendered in payment of the fare. If he decides that the ticket is invalid, he has the' right, upon so notifying the passenger, to require the passenger to pay his fare, and, if he refuses to do so, to eject him from the train. If the passenger is acting in good faith and honestly believes his ticket is good and that he is entitled to ride thereon, he is entitled to a reasonable time and a fair opportunity to decide whether or not he will pay his fare. After he has had such time and opportunity, if he refuses to pay his fare, the conductor may eject him, and, when once lawfully ejected at a point at which that train would not otherwise have stopped, he has no right to re-enter that train upon tender of fare. The passenger’s right to tender his fare and continue his journey, after having refused payment, continues until the conductor has rightfully given the engineer the signal to stop the train, no longer. A tender after the signal to stop has been rightfully given comes too late to revive the right of the passenger which he lost by refusal to pay his fare. He may not thus interfere with the proper conduct of the carrier’s business, and the convenience and safety of the traveling public. 6. Carriers of Passengers — Ejection of Passenger — Subsequent Acts of Servants of Carrier. — Where the ejection of a passenger is wrongful, all of the subsequent acts of the conductor and other employees of the company in arresting and confining the passenger and taking him before a' magistrate are likewise wrongful, and for these wrongs the carrier is liable. 7. Carriers of Passengers — Ejection of Passenger — Damages.— Where a passenger was wrongfully ejected from a train, and upon re-entering the train was arrested,' confined and taken before a magistrate, he was subjected to such humiliation, dis- • comfort, and disgrace as entitled him to recover substantial damages.