The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1891-04-14
7URcELLv. RICHMOND Sd. R. co.
(Supreme Court Of North Carolina.
March II, 1917
CARRIERS of Observation-Disclosures TIC
Stop AT STATIONS DAMAGES.

CARRIERS of PAssENGERs-FAILURE TO
Stop AT STATIONS damages.
A railroad company commits a tort,
and becomes liable for punitive dam
ages, in willfully failing to stop for
passengers at a regular station; and
cannot escape liability on the ground
that there was not sufficient room IN
the train, if it appears that by reason
able diligence it might have provided
extra cars.
Appeal from Superior Court, Ala
nance county; MacRae, Judge.
The plaintiff asked the court to charge
the Jury that if they believed that the
defendant stopped it's train at Mebane,
and received and discharged pas
sengers, and also at Graham, and there
received ID or Is passengers, and dis
charged 2 or 3, and that there was then
room, standing or sitting, for so or so
persons at the time the train passed
Haw River, and that a part of the
tickets we're sold to persons at Haw
River the evening before, and N due
time to communicate with the officers
of the company, then to run by, as
shown in this action, Is such wiIlful
disregard of the rights of the plaintiff
as would entitle him to recover punitive
damages. This prayer was refused,
and plrintif excerpts. The court in
structs the jury that, upon the testi-
mOny, they would not be warranted in
finding the defendant guilty of such a
degree of negligence as indicated-a
reckless Indifference to consequences,
oppression, needless caprice, willful-
ness, or other cause of aggravation, as
would entitle plaintiff to punitive dam
ages. The measure of damages upon
the admitted facts, or those proven, if
the jury believe the testimony, would
be the price paid for the ticket, Is cts,
and the amount paid for another con-
veyance to Burlington, 25 cents. APP
peal by plaintiff.
j. A. Long, for appellant. D. Schenck
and F. H. Busbee, for appellee.
Clark, J. Code, 1868 provides:
Every railroad corporation shall
start and run their cars for the trans
portation Of passengers and property
at regular times, be fixed by public
notice, and shall furnish sufficient &C
commodation for the transportation of
all such passengers and property as
shall, within a reasonable time previous
thereto, be offered for transportation
at the place of starting and the juno
ton of other railroads, and at usual
stopping places established for receiv-
ing and discharging way passengers
and freights for that train and shall
take, transport, and discharge such
passengers and property at, from, and
to such places on due payment of
the freight Or fare legally authorized
therefor, and shall be liable to the party
aggrived in an action for damages for
- -, nOe,,-01 - H. -
For a violation of such statutory duty
the plaintiff might have sued in con
tract Hodges ". Railroad Co., 105 N.
elect to sue in tort for the injury, and
the breach of public duty, existing in
dependent of the statute,) by the will
fulness or negligence of defendant,
Dish. NOn-COnt. Law, IS 70, "a If
the tort was committed by mere negli-
gence of the defendant, as simple care
lessness or i~nadvertence, the plaintiff
would be restricted to compensatory
damages, and, as no special damages
were alleged and shown, other than
obtaining another conveyance, the
measure of damages, as laid down by
| the court, to-wit, the price of the ticket
and of procuring such other convey
ance, 40 cents in all, would have been
correct. But if the conduct Of the de-
PENDANT was willful. or showed such
gross negligence as to indicate a wan
ton disregard of the rights of the plain
tiff, he was entitled to recover punitive
damages in addition. Railroads are
granted valuable franchises and privi-
leges by virtue of the States right of
eminent domain. On their part they
assume ~correlative obligations and
duties to the public, and become quasi
public servants. They r not granted
such great and unusual privileges to
the sole end that they may be operated
for the mere pecuniary benefit OF the
corporation, and at the arbitrary pleas
ure and will of their managers and
employees. It is we'll recognized that
they are subject to proper regulation,
supervision, and control by public
authority, and that they owe duties tc
the. individuals who may wish to ship
goods or to travel over their lines
When the defendant advertised its
schedule, and the plaintiff bought q
ticket and presented himself at the ad.
vertised time at a regular passenger
station of the road, he had the right tC
be taken abroad the cars on their ar
rival at that point. In running it's cars
by the station without stopping, the
defendant committed a breach of pub
lie duty-a tort. If such breach was
mere inadyertence or negligence, OF
was caused by an unforeseen number
of passengers presenting themselves
which rendered it unsafe to take {
greater number aboard, and the com
pany could not by reasonable diligence
have increased the number of cars
then the plaintiff would be held to re
cover only the bare compensatory dam
ages laid down. If, however, the de
PENDANT, having advertised for passen
gers for that train, by reasonable
diligence could have ascertained tina
the number of cars was insufficient
and made no effort to supply the de