[343] Craig v. Great Western Rw. Co., 24 U. C. Q. B. 504; Boston & Lowell Rw. v. Proctor, 1 Allen, 267; Shedd v. Troy & Boston Rw., 40 Vt. 88.
[344] Dietrich v. Penn. A. Rw. Co., 8 C. L. J. (N. S.), 202.
[345] Smith v. G. T. R., 35 Q. B. (Ont.), 547, 557.
[346] Duke v. Great Western Rw. Co., 14 U. C. Q. B. 377.
[347] Standish v. Narragansett St. Co., 111 Mass. 512.
[348] 12 U. C. C. P. 89.
CHAPTER IX.
PRODUCING TICKETS, OR EVICTION.
Carried past.—Jumping off.—Junctions.—Cave Canem.—Conductors refusing Change.—Fighting in the Cars.—Conduct of Passengers.—Ladies’ Car.—Turned out in the Dark.—No Seats.—Colored Persons.—Tickets lost and found too late.—Conductor’s Conduct.—Damages for Wrongful Ejectment.—Go quietly.—Companies heavily Mulcted.—By-law as to producing Tickets.—A Lover, his Mark.—Getting off for a Moment.
Fortunately for my friend the attention of our fellow travellers was drawn away from him by the language, more forcible than elegant, of a man who had been carried past a small way-station at which he desired to alight, and for which he had a ticket. He vowed vengeance against the company because the train was not stopped and a reasonable opportunity given him to alight, and threatened loudly to sue the company for the damage which, he said, he would inevitably sustain through his non-delivery at his destination. And no doubt he would be successful, judging from authorities, in recovering compensation for the inconvenience, loss of time, and the labor of travelling back to the haven where he would be, because these are the direct consequences of the wrong done him.[349] One Hobbs, and Betsy his wife, with two juveniles, once took a midnight train homeward bound; they were landed, however, at another village, some miles off from their house; it was so late that they could neither get a conveyance, nor yet accommodation at an inn, and so all had to walk home through a drizzling rain. Betsy took cold and was laid up for some time, and the jury gave a verdict of £28 in their favor; £8 for the personal inconvenience, the balance for the wife’s illness and its consequences. The court considered that Hobbs was entitled to the £8, but not to the rest, the sickness being too remote a consequence of the breach of contract.[350] This was in England, but in Mississippi where a man, subject to rheumatism, got carried past his station and had to walk back in the rain, whereupon his old enemy attacked him, it was decided that he might get satisfaction out of the company.[351] The ticket must always be taken to be the contract between the passenger and the company for the special purpose, and upon the terms which are contained in it,[352] and when the company has issued a ticket to a particular place they are bound to stop there, and it is not enough merely to slacken off steam;[353] but, without special agreement, one cannot insist upon a train stopping at a place where they do not usually delay.[354]
Somebody—not a Solomon—asked the man why he had not jumped off; he sensibly—considering he was in a passion—replied:—