g 39 ARK. 1 ST. LOUIS, I. M. & S. R. CO. V. LEWIS. 81 • ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILROAD COMPANY V. LEWIS. Opinion delivered February 16-, 1901. 1. RAILROADS-PUTTING OFF PASSENGERS BEYOND STATION.-ID an action against a railway company for putting a passenger off at a place beyond her destination, it was error to instruct the jury that • if plaintiff paid her fare the defendant could not put her off at a place other than a usual stopping place, as the statute which forbids railroads to eject passen g ers at places other than usual stopping places applies only to the ejeCtion of passengers for non-payment - of fares. (Page 84.) 2. SAME.—Where a passenger train was stopped at a passenger's destination a sufficient time to permit the passenger to get off, and she failed to do so, she cannot recover damages because she was put off a short distance beyond her destination and not at a usual stopping place. (Page 84.) Appeal from Faulkner Circuit Court. GEORGE M. CHAPLINE, Judge. STATEMENT BY THE COURT. This action was brought by Theresa Lewis against the St. Louis, Iron Mountain & Southern Railway Company. Plaintiff alleged in her complaint that she was, on the 9th day of June, 1898, a passenger on one of defendant's trains, - which was going from Little Rock to Palarm, a station on its road ; that on the arrival of the train at Palarm the defendant wrongfully and negligently failed to permit her to get off, but carried her past the station for a distance of one-half mile, and there wrongfully, forcibly and 69 Ark.-6
82 ST. LOUIS, I. M. & S. H. CO. V. LEWIS. [69 ABE-violently ejected her; that the place where she was put off was not a regular station -or, stopping place-; that in putting -her off the conductor was rude, coarse, rough and oppressive; that he laid his hands forcibly upon her, and pushed- and threw- her from the train, to her great injury; that she was "greatly mortified and humiliated, .greatly hurt in body;, greatly, agonized in mind, and was forced,- on a hot . and_sultry _day, to walk and, carry her baggage back to the station of Palarm." And she asked for judgment for $3,000. The defendant answered, and denied all the allegations made in the complaint. The issues joined were tried by a jury. In the trial the -plaintiff testified, substantially, , as follows: On the morning of Jime 9, 1898, a hot, clear summer day, she, with her daughter, a girl about eleven years old, several bundles, and two valises, boarded defendant's train 'at Little Rock for the station of Palarm, twenty eight -miles away. In due time the train arrived at- Palarm, but failed to stop, and she failed to get off. - The bell cord- was pulled by some one, and the train stopped about a quarter of•a mile from the station. The conductor came to her, and asked why she did, not get off, and she replied that he did not give her time. The conductor then said: "Get off !" She asked if they were going back to the station with her. He said: "No; get off here." He then caught her roughly, and said: "Get off right here.". He 'placed his hands on her , shoulder, and hurt her. She was shocked : and humiliated. She walked to the door and alighted at a place "inst , like , ,it was atjhe depot." She walked to the depot, and from there "to the iirkansas river, a distance of three-quarters of a mile, and from there she was taken home in a buggy. She was compelled to stop to rest three or four times on her way to the rivet. When she reached home, she went to bed, "and was laid lip for a week or more." Many witnesses testified that the train stopped at Palarm a sufficient length of time for plaintiff and other passengers-to get off , ,and , there . was eyidence Adduced, tending to show, that- she was not mistreated, insulted, or injured by- any one on the train. Among many instructions given,-the . court instructed the jury, over the objections , of thee defendant,, as follows,: `qf ,yon believe from the evidence that plaintiff entered the passenger . train of defendant at Little, Rock, -and paid her- fare to, Palarm, a stat . ion on defendant's line of railroad, then defend-
69 ARK.] • ST. LOTIth, I. 11i. :t 83 • • an . t could n . ot put Plaintiff Off station. -' *here pass tile 'train at a Pfae . engers are ' e a . . ..p . thei : . ccustomed than a d . .io ' get ' O-n ' and aft ira efendant; and if defendant caused plaintiff to leaVe the i'ns of • a place othei'tlian the 'station ' - Wh l train at er _24 Vpaaaendei; aie to get on and; off 'defendant's trains, ' then ymi will find. a c f c a u r s p tomed ,- tiff, ho 'matter lain-. 'whether the: train was 'itoppecrat the "station a — sufficient- time to have 'permitted plaintiff , or not." _ . to 'have left the train "If you find . at such sum as f w or il l the plaintiff, then yon will assess hei damages . fairly compensate her for all injury: Jeceived • 'by her; for • physical pain • and suffering,' and 'for rudenesS • that may have been . any insult or offered tO her 'by the - other , agent of the defendant. And.if you further find . aldUctor or • ant flint def6nd-did not stop its train-at :a' standstill at the' statiiin`to .Vermit ,- plaintiff to leaye the car 'in safety,' and she was ,ca:irie station ; . and compelled to leave the car at a place rd Ila gt the khel Man ' c s o ta n tion; then, in fixing the 'aniount of 'dadiages, you-may' take int th o e sideration' also the lacerated' feelings' anct.wOUnded and - shock of 'mind-that plaintiff way have suffered, s if e n y sibilities . from the evidence she suffered any therefrom. l og find "And the 'court cannot • instruet ybu in dollars and "Cents as to the -amount of dahaages, if you shatild fiud 'for the but the amount is left-to the fair' . d plaintiff, eterniinatiOn of the jury." and T h th e e ' ju d ry returned a 'verdict in 'favbr Of the plaintiff fOr $400 ; • efendant appealed 'Oscar L:-',111i10.4 and'Yod'O LTb fOr 'appellant. The evidence fails . sé 4, - ngere . sustain the verdict. . .Recov_eries car d ried beyond their destination should be limited t b o y pas-' pensatory corn-' juries. 61 . I a n m d a . g 2 e 2 s, ; a 7 n 1 d I m ll. u st not include Merely consequential in-*.; 40,Mass . • i 3 & Eng. R. Cai. 341; 86 N. Y. 408; 6 Am.-& , 75; 4 . Lans. 147 ;- 6 _Am. id. 135 6 , (1. 344;348. In -• ages *ai ' Tng. R: -Cas. 345; 11 r ee o i 7erable. 11 Am t . h & is E ea n s g . e . nothing bey , on , d nominal dam- , R. inkiendent Of bodily injury, is not; an , Cas. ,134. , Mental sugering, 64. Ark. 533, 545; 65 Ark , element , ot legal damages. S. C. 117, 183 ;- 168 llfass 36 Ana. ReP. 303; . , 288 ;:71._ Me...227; S. 0.8 L. R.A. 78 8 5 6 ; , T i e C x: u 41 s 2 h ; 6 . 2 4 -T ,5 el. 2 3 1 ; 4 0.13 Ill. '148; 381; -12 Tex. 3 5 8 5 0 'P -; e 8 d 6 . N 95 .. 0; 20 L. R. A...582 65 Tex. 274 66 Tex U . 6 .S 0 . 3 App. , Y. -1'660; 306; 89 N. Y Tx"'34; . . 62 6r . 627 0,25 N. Ain. Eng. R. Y. 299k -83;Tex. Cas. 451; 54 id. 107. The
84 ST. LOUIS, I. M. & S. R. CO. V. LEWIS. [69 ARK. court erred in its charge as to the measure of damages. 23 L. R. A. 774; 35 id. 512; 14 id. 666; . 34 id. 781 ; 86 Tex. 412. The court erred in giving the second instruction for plaintiff. J. H. Harrod and Sam Prauenthal, for appellee. BATTLE, J., (after stating the facts). In telling the jury that, if the appellant paid her fare to Palarm, the "defendant could not put her off the train at a place other than a station where passengers are accustomed to get on and off trains of defendant," the circuit court committed an error. It is only in cases where a passenger refuses to pay fare that the statutes require a railroad company to put him off of the train at a usual stopping place. Sand. & H. Dig. § 6192. Beyond this the common-law right to put hiM off without reference to stations is left unimpaired. Hobbs v. Texas & Pacific Ry. Co., 49 Ark. 357. In this case the passenger (appellee) was not put off because she had failed to pay fare. She paid her fare, and was put off a short distance beyond her destination because she failed to get off at that place. She did not want to travel further, but asked if she could not be taken back to Palarm. There was no demand for additional fare and refusal to pay it. The latter part of the instruction, in which the court told the jury that "if defendant caused plaintiff to leave the train at a place other than the station where passengers are accustomed to get on and off defendant's trains, then you will find for plaintiff, no matter whether the train was stopped at the station a sufficient time to have permitted plaintiff to have left the train or not," is also erroneoui. If the train was stopped at the station of Palarm a sufficient length of time for appellee to get off, and she failed to do so, then the appellant was guilty of no wrong in stopping where it did, and in a respectful manner causing her to leave the train. In doing so a was in the exercise of its right, and was not liable for damages. It -was. not bound to take her back to the station of Palarm for the purpose of giving her another opportunity to leave the train. For the purpose of avoiding collisions, and of orderly and regular transportation, and of serving the public to the best advantage, trains should run on schedule time. - The conveying passengers back to stations at which they should have left the train and failed to get off may . in some instances defeat this purpose, and lead to disastrous consequences. A rule or regulation requiring railroad companies to do so would
69 ARK.] s's not only be unjust, but would be unwise and against the interest of the public. Much is said in appellant's brief about the right to recover damages on account of mental anguish, distress, or suffering, which was not the result of a physical injury. The court has expressed its opinion upon this subject in Peay v. Western Union Telegraph Co., 64 Ark. 538; Hot Springs Railroad Co.-v. Deloney, 65 Ark. 177, and Texarkana & Fort Smith Railway Co. v. Anderson, 67 Ark. 123, 129. We deeM it unnecessary to add to what we have already said. Reversed and remanded for a new trial.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.