The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-13
DECISIONS OF TUE HIGH COURT
EItItOHS md APPEALS.
~ TnE ArRIL rtRM, Isof
lt.por,.d ESp's.-y for ths ga Sioa


n.pori.d EHp,e.-iy Gsr tbr tia rios
The Southern Rail Road
Company
john y Enidnok a wife
lcmrr J1sncK HANDY DELIVERED THE
orIEoE oF rHE COURT
The action was brought by The defendant
| ~ ritof 10 recover damage Sustained by the
aifo. by reason Of the negligence Of the
| Conductor Of tho Railroad train from Msiid-
/ inu 10 NEWTON Station, Ia mt stopping the
| trim nt Chat Station fpf which Mrs Kend.
Iuck had purchased ticket "a a p0sscpger,
and iu falling Ia give her notice when the
| train reached there, IN consequence Of Which
she WIS carried about two miles past that
| place and tho Conductor, refusing 10 take
| the train back 10 the station, put her OF at
| the place " which the train had gone, late
nj NIGHT. and placed her under the charge Of
tyd strange negro men 10 be conducted back
| tp the Station, sbo being alone aud without
| q protector and she WAS compelled 70 walk
| back 10 tho Station late at night, over dan
gefuus bridges, aud almost mpassablc roads
| ia great bodily ex pOsure and terror Of mind.
a.
several grounds Of objection all Of which
were oycfrulcd aud We think properly, ~
they appear 10 bc rather Of the nature Of
pleas IN bat. than matters of demurrer
An amended declaration WAS then filed,
stating Ia substance the ayerments 81 the
original declarations aud alleging further
that the Conductor was requested ~ back
the tram ~ Newton Station, but refused 10
do 80 and compelled AIp. kendrlek to get OH
at the place 10 which the train had gone
20 this aud the original declaration, the
defendant pleaded tho general issue and
several pleas amounting TO the general Issue
on ihetrial, Mrs. kendIiclt VAS introduced
~ - witness aud testified iil substance, that
she purchased at Meridian a ticket for New
ton Station, took her scat IN the ears aud
gayo tho ticket 10 the conductor when he
called Tor It in passing through the train, a
short time after leaving MCrdinn--th1l she
WAS travelling alone and without Il protectors
that she did not know when the train arrived
ut Newton Station, did not hear any one an
nouncc the Station. aud was carried to u
Wutoi-taHk about mile and u half beyond
that Station and aA the train MHs ear that
point, she learned by cnquriig oi passcn-
gcr who cuqurcd of the Conductor, that
they had passed Newton Station and there
upuu that the Conductor told her to stand
Nlttlf Hlli WIS dHil III h'iA i'l NdlN hflh
returned shortly with two negro mon with
torch lights and informed lnu that they
would carry her ynlise bHck 10 the Station
aud assist her that lie told her IL would be
dangerous 10 take the train back 10 the
stattun that the negroes went back with
her to the station carrying her baggage; that
she aud they walked on the track, passed
over two pieces Of trostle work, one high,
with wnlcr under It that she had some
difficulty In passing over it, but was assisted
by the negroes; that the place she got of
the brain was swamp woods, ana she got
back to near the station about three o'clock
ia the morning; that tho Conductor told her
il was half u mile buck 10 the station, and
When she got back there, size was considcra-
bly iatgucd that she went back because
she expected her brother TO meet her there,
aud did not know what else TO do, On cross.
examination she testified that she mas have
slopt some, hut very little, ifany while on the
trian THAI az one time wheuthe train stopped
she looked ont aud saw bindings and sup
posed il was Hickory Station, but now he
lic,cs il was Newton Station. She did not
know OF the train stopping again until IL
stopped ut the place where she got of that
she did not see the Conductor after he re-
cdard hr ticket, Until she saw him where
she got on; that 4ho did not recollect that he
ltOllAttl 10 tHllA Hfi lhl NhlN ullll INV
mot the,up-train and 10 send her buck by
tint nhiu, nor that he said, II She insisted
tpon il, that he would back the train to the
station, OF hat hes mad0 any proposition to
her. that he lid not ask her To get oil tho
train hat that she got of because she preferred
tn dc 50, aNd did not know what olSe ~ do
that the Conductor was everywHN respectful
aud polite Ia her, and the negroes were re-
spcctiul and had good torcl-lghts that the
Conductor assisted her 10 get OF the cars,
aud she mudc no objection tn getting on and
walking hack, M she did not Know what
else TO do, that she was in no way Injured
except the fatigue of walking that ut one
time. whilst she was walking back, When
one of the negroes asked the other for a
stick, she felt much alarmed until she saw
him put the stick in the handle of the va
lise, when her alarm ceased
poolittlc, u witness for the plaintiffs, ties.
titled that he lives near Newton station, and
thnt Mrs. Krndrck came Ia his house. rs
stated by her, some time after midnight
that the tank, where tho plaintiff got of, IS
about one mile from his house. and that the
ruad intervening, passes over swampy
tluuud. there being two trestlc bridges on
Il one of which. il about fifty feet long.
MaNcy was introduced 10y the plaintiff, and
asked whether he had travelled on the South
rru Railroad at any time previous 70 Sep
trmher. l-i2 and If the Conductor called out
fine stations ut any time whilst he was on
the train To this the defendant objected,
but the objection was oNcrruled, and the de-
trndcd excepted Tho same question was
nrcpounded to Nauslcy aud Williams, wit
ncsscs introduced lay the plaintiff, which was
objected 10, hut the objection was oycTnlcd,
and the witnesses allowed TO answer IT, and
the defendant excepted The iipt witness |
stated. that In May. 1902, and the last two
stated prrvious to September, lS62, they had |
Travelled from Newton Station To Meridian /
ON the road, and did not hear the Conductor |
call ont AMY station between those points
The defendant then introduced the DIES |
ppSition of Lucy, which states IN substance, |
lint he was the conductor of the train of the |
railrnnd When Mrs kcndrck came ON as |
passenger from Meridian to Newton Station |
that she came on board in the night, IL being /
the night train; that the train rcachcd |
Newton station about one o'clock az night |
that. ou tho arrival Of the train there. the |
witness hsd the name of the station an
uoupc,d by one Of the hnkcmeu. and il was 4
also announced 10y himself &c che door afthe /
car i'm which Mrs Kcnduck was. and he |
stoppcd the train from seven Ia ten inmates 1
LONGER than the usual time, which is three |
,ninntrs because there was freight 10 be un-
loaded that. AFTER leaving the station some
mile and hall. ia going through the ears De \
recognised MrS X as one oi the passengers \
tirkrtrd ti,r Newton Station: that bis inn
nf,,..inn IL she was asleep. and he approach 4
e,i and touched her un the shoulder, her face
brinc turned fruln him and her head SEEMED /
f,.,liniu,, on the hack Of the seat. that she
IL j Is d T.n.s