El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-15
THE CUNIFFE CASE
A Verdict For plaintiff of $500 Dam.

A Verdict For Plaintiff of $500 DAM
ages
The jury in the case of Cuniffe
against the Atchison, Topeka and San
IA Fee railroad, brought in q verdict for
the plaintiff this morning allowing him
$500 damages. The suit WAS for 81, 900
damages for putting the plaintiff off
the plsintitf, held q ticket Issued by an
agent of the company which had been
improperly marked and dated by the
agent.
The defense put Conductor Donehue,
the conductor who had elected Cuniffe
from the train, on the stand yesterday
afternoon. Donehne stated that he
had not used any harsh language to
plaintiff but simply told him in sub
1t was dirty and looked old and was
torn and 80 he had good reason to be-
lieve the said ticket was q year old.
Witness then explained he had never
put a man off q moving train and had
stopped the care for fear that plaintiff
would jump off while they were going.
Cunitfe acted and talked rs if he had
S Disn df .oid him and that "e sse
sachel and started for the car door. He
had made no protest about leaving the
train but seemed anxious to go. Plain
tiff was not ordered off the cars.
w. Q. Miller, brakeman on the train,
said that he heard the conductor say
simply, Il can't honor that ticket as it
is limited and out of dale" There was
no fuss or loud talking. The train had
run only about 300 yards from the Ell
Do hn 81
Ter on cross examination admitted that
it was part of his duty to assist the
conductor and put persons off the train
if they had no right there. but he ad-
ded there was no necessity for any
force on that occasion.
Mr.. Cuniffe was recalled and denied
that he was drunk the DAY he had tried
to go to Las Cruces. He reiterated his
former statement that he had been or
to pay his fare. When asked by de-
fendant's attorney If he had not spoken
to F. B. Houghton, the freight and
ticket agent Of the railroad, about the
matter and that Mr.. Houghton
had offered to take up the rejected
ticket and issue another, Cunitfe de-
MED emphaticslly that such was the
case. Neither to his knowledge did
his attorney speak to Mr.. Houghton
about arranging the difficulty. How
ever, Judge Bryant had full power to
act for him, and plaintiff had told him
about the way he had been treated the
day after the trouble occurred.
1t appeared in evidence that the day |
plaintiffs ticket was issued the agent |
st Las Cruces made several other |
mistakes as to the date In tickets, and |
hat those we're either honored or taken |
Up.
The defense then put F. B. Hough-
on on the stand. BE testified he was |
gent for the railroad At the time the
ticket was issued to plaintiff, aud Gu
rife had come to him and complained,
md he had offered to take up the |
ticket, issue another and pay all Gu
liffe's legitimate expenses caused by
he delay.
This was all the evidence introduced.
n his opening argument Judge Will
constituted breach of contract but
Ilso tort. Plaintiff had paid for his
ticket and had been put
IF the train when he had a right to
ide. Owing to the harsh and
ruel treatm emit he received he had suf
cred deep modification and mental
.nguish, aud had furth ermore been I'M
ustly detained in Ell Paso. Judge
Wilcox then severely criticised de-
answer to plaintiffs petition.
q which it was admitted that the agent
It Las Cruces had made mistake in
he date of the ticket. He main
aimed that Cuniffe was Justly en-
tiled to all he asked. 1t was not Sim
'ly question Of actual damage, but
damages should likewise be
,iven and the courts had held 30 in
ther similar cases.
Senator Turney in reply urged the
plaintiff could only claim actual dam
ges if he was entitled to anything.
lie had been treated in the most con-
iderate manner, as the preponderancel
# the evidence showed.
Plaintiff had not proved he had even
Uttered any actual damages. The rail-
Dad company was frank and admitted
icket. However, everything possible
lad been done to compensate Cuniffe.
dr. Houghton had offered to pay his
expenses while in Ell Paso and
o give him new ticket.
It was not shown that through any
ault of defendant plaintiff had suffered
ny humiliation, and, therefore, he
,as by no means entitled to be damages
laimed.
Judge Bryant argued that the plain
lift had been illeR ally and shamefully
sed, and the courts did not allow such
ctions to 60 UNPUBLISHED.
Presbyterian Church Notes.
The pastor, Rev. 81. W. Moore, who
as been i'll for q month, expects to oc-
-