of how accident happened, may state that the engine boiler leaked
steam. Lakin v. Oregon Pac. R. Co. (Ore.). 500.
Evidence of other accidents. Where passenger on leaving train fell
over precipice, evidence that another person had fallen over the
same place, although improperly admitted, held not to justify a re-
versal. Smith v. Central R. & B. Co. (Ga.). 456.
Evidence. Res gesta. Statement made by passenger after she had
fallen in alighting from street car, obtained driver's name, gone
home and then gone to her sister's house cannot be received as
part of res gestæ even under Georgia statute. Augusta & S. R. Co.
v. Randall (Ga.). 439.
Exemplary damages. In action for injury received through negligence
of servants, exemplary damages may be recovered where injuries
are wanton, although act may not have been previously authorized
or subsequently ratified. Philadelphia Traction Co. v. Orbann
(Pa.). 432.
Express messenger: injury to.
Defective machinery and negligence in
employing servants. 359 n.
Express messenger. Public policy. Railroad company not being com-
pelled to carry express messenger in baggage car, may stipulate for
condition to relieve it from liability for accidents and personal in-
juries. Bates v. Old Colony R. Co. (Mass.). 355.
Express messenger: stipulation with, that, in return for permission to
ride, he should assume all risk is supported by sufficient considera-
ticn. Bates v. Old Colony R. Co. (Mass.). 355.
Expulsion. See FREIGHT TRAIN, infra.
Expulsion. Abusive language; passenger ejected may recover damages
therefor on account of injury to his feelings, but cannot also re-
cover because words used tended to bring him into ignominy.
Southern Kansas R. Co. v. Hinsdale (Kan.). 256.
Expulsion. Arkansas statute requiring expulsion of passengers only at
stations has no application in case of a person unlawfully on a
freight train. Hobbs v. Texas & P. R. Co. (Ark.).
Expulsion. Assistance of passengers. Where person is expelled with
assistance of other passengers who used malicious force, company
may be liable therefor; otherwise, however, if passengers were mere
interlopers, and conductor had no opportunity to interfere. Atch-
ison, etc., R. Co. v. Gants (Kan.). 290.
Expulsion.
Excessive damages. Where passenger was expelled on
a dark night, and compelled to walk over bridge half a mile long and
became sick, etc., $500 held not excessive. International, etc., R.
Co. v. Wilkes (Tex.). 331.
Expulsion. Exemplary damages. Where passenger, unable to purchase
ticket on account of office being closed, refused to pay additional
fare demanded by conductor, who instead of expelling him when re-
quested to do so near the passenger's home, carried him further
and expelled him where he was left without shelter, he is entitled to
exemplary damages. Hall v. South Carolina R. Co. (S. Car.). 311.
Expulsion. Exemplary damages. Where there is reckless indifference
to rights of passenger on part of conductor in examining ticket and
in ejecting him from car, he is entitled to recover exemplary dain-
ages. Southern Kansas R. Co. v. Rice (Kan.). 316.
Expulsion. Invitation of force. Passenger on wrong train, owing to
mistake of ticket agent, must either pay fare or get off, and cannot
invite force in his removal merely to make a case against the com
Atchison, etc., R. Co. v. Gants
pany or to increase his damages.
(Kan.). 290.
Expulsion. Jurisdiction of action. Cause of action arising from
wrongful expulsion of passenger arises at place where passenger was
expelled. Maxwell v. Atchison, etc., R. Co. (C. C.). 574.
Expulsion. Measure of damages recoverable by person who has a valid
ticket, but is expelled by conductor, who informs him that his ticket
will not be honored, and then borrows money at station where he is
expelled, which is accepted by the conductor and resumes his
journey. Southern Kansas R. Co. v. Rice (Kan.). 316.
Expulsion. Negligence in the expulsion of trespassers from trains.
285 n.
Expulsion of passenger for refusal to deliver ticket or pay fare. 311 n.
Expulsion of passenger for refusal to pay full fare.
268 n.
Expulsion of trespassers from train. Negligence. 285 n.
Expulsion of trespasser. Where boy wrongfully on freight train is com-
manded by brakeman to jump off while train is in motion, and he
obeys, through fear of being thrown off, and is injured, company is
liable. Kansas City, etc., R. Co. v. Kelley (Kan.).
Expulsion of trespasser. Trespasser may be ejected at any suitable
place, but unnecessary force or excessive violence should not be
used. Atchison, etc., R. Co. v. Gants (Kan.). 290.
Expulsion of trespasser. Where trespasser forcibly resists ejection, he
cannot recover for force in overcoming his resistance. Company is
only liable for such excessive violence as is wilful or malicious.
Atchison, etc., R. Co. v. Gants (Kan.). 290.
Expulsion. Police officer who assists in ejecting passenger becomes
special agent of company and is subject to rule in regard to exces-
sive violence. Jardine v. Cornell (N. J.).
Expulsion. Profane language. Passenger ejected from train, and evi
dence offered tending to show that he used vile and profane lan-
guage; evidence in rebuttal held incompetent. Atchison, etc., R.
Co. v. Gants (Kan.). 290.
Expulsion right of, for non-compliance with rule requiring passengers
on freight train to be supplied with tickets, may be exercised at any
suitable place. Southern Kansas R. Co. v. Hinsdale (Kan.). 256.
Expulsion. Station. Railroad having right to eject one not a passen-
ger must do so at a regular station. Hardenbergh v. St. Paul, etc.,
R. Co. (Minn.). 359.
Expulsion. Suitable place. If passenger is expelled at unseasonable
hour at a place where he was exposed to the weather, these facts
may be taken into consideration in computing damages. Hall v.
South Carolina R. Co. (S. Car.). 311.
Expulsion. Trespasser may be ejected at place other than station pro-
vided care is taken not to expose him to serious injury, but com-
pany need not have cosideration for his mere convenience. Atchi-
son, etc., R. Co. v. Gants (Kan.). 290.
Expulsion. Unnecessary violence. Passenger not provided with ticket
who refuses to pay fare may be forcibly ejected, but if more vio-
lence is used than is necessary, company is liable. Jardine v. Cor-
nell (N. J.). 307;
Expulsion. When ejected passenger is entitled to exemplary damages.
316 n.
Fares. Regulation by statute. Statute limiting maximum fare for car-
riage of passengers, held not a taking of property without due pro-
cess of law, although yearly income will be greatly reduced. Dow
v. Biedlman (U. S.). 322.
Fares. Statute dividing railroads into classes according to length of
roads, and fixing different limit for passenger fares for each class,
held not to deny equal protection of the laws. Dow v. Biedlman
(U. S.). 322.
Former injuries. Instruction that if plaintiff had been previously in-
jured, and was so recovered that with ordinary care he would have
gotten well, and that he was hurt by defendant's negligence so as to
aggravate the old injury, held proper. East Line R. Co. v. Rushing
(Tex.). 367.
Free pass injuries to passengers riding on.
Free pass. Stipulation not exempting company from liability is not
abrogated by purchase of ticket for drawing-room car.
New York, etc., R. Co. (N. Y.). 350.
Freight train. See CONTRIBUTORY NEGLIGENCE, supra.
Freight train. Announcement of rule requiring passengers on freight
train to procure tickets, held to give it sufficient publicity, and pas-
senger could be expelled for non-compliance. Southern Kansas R.
Co. v. Hinsdale (Kan.). 256.
Freight train. Conductor may require passenger who is not supplied
with ticket, as required by rule, to leave the train when he has no
right to accept fare. Southern Kansas R. Co. v. Hinsdale (Kan.).
256.
Freight train. Contributory negligence. Dangers incident to travelling
by rail are greater on freight than on passenger trains, and call for
a corresponding higher degree of care on part of passenger. Wal-
lace v. Western N. Car. R. Co. (N. Car.). 553.
Freight train: fact that regulation prohibiting carrying passengers on,
has been violated does not deprive company of right to enforce the
regulation. Hobbs v. Texas & P. R. Co. (Ark.). 268.
Freight train: notice of change requiring procuring of tickets before
entering. 264 n.
Freight train. Person who boards freight train which has no appear-
ance of being for the accommodation of passengers may lawfully
be ejected. Hobbs v. Texas & P. R. Co. (Ark.). 268.
Freight train. Place for alighting. If railroad carries passengers on
freight trains. it is responsible for injuries caused by setting them
down at dangerous place at night. Smith v. Central R. & B. Co.
(Ga.). 456.
Freight train: procuring tickets before entering. 264 n.
Freight train. Railway has power to make regulations requiring per-
sons desiring to ride on freight trains to be provided with tickets.
Southern Kansas R. Co. v. Hinsdale (Kan.). 256.
Freight train. Reasonable opportunity to obtain ticket. 264 n.
Freight train. Right to travel on. 263 n.
Freight train. Rule requiring passengers to be provided with tickets;
evidence of non-enforcement of. 264 n.
Freight train. Stopping-place. Company carrying passengers on freight
train is bound to set them down at regular passenger stations, and
passenger who is carried past destination and ejected has cause of
action. White Water Valley R. Co. v. Butler (Ind.). 467.
Freight train. Sufficiency of effort to procure ticket. 264 n.
Freight train: where possession of ticket is essential to enable pas-
senger to ride on, company must furnish convenient facilities for
34 A. & E. R. R. Cas.-49
purchase of tickets. Southern Kansas R. Co. v. Hinsdale (Kan).
256.
Gravel train: grader riding upon, with consent of conductor, held not a
mere trespasser, and that defendant was responsible for defects in
track. Rosenbaum v. St. Paul, etc., R. Co. (Minn.). 274.
Injuries. Evidence that passenger alleged to have been injured had
made appointment for next day after he was injured, and that he
walked four or five miles to keep it, is admissible. Stevens v. Cen-
tral R. & B. Co. (Ga.). 413.
Injuries. Instruction as to right of plaintiff to recover for personal in-
jury held to amount to charge that jury were to consider whole
evidence, and did not lead jury to believe that they were to find for
plaintiff if he showed, by evidence of his own witnesses, that his
condition was the result of injuries received in the accident. Gulf,
etc., R. Co. v. Mannewitz (Tex.). 428.
Injuries. Pleading. Allegation in pleading that plaintiff was "injured
in spine, chest, head, etc.," held sufficiently comprehensive to em-
brace heart disease. Gulf, etc., R. Co. v. Mannewitz (Tex.). 428.
Injury to passenger taking or leaving a train. 521 n.
Inquiries as to stoppages. It is the duty of a person about to take
passage to inform himself as to stoppages according to the regula-
tions of the company.
Atchison, etc., R. Co. v. Gants (Kan.). 290.
Invalids. Degree of care. Company must exercise such care as will
avoid injuring persons in feeble health. East Line, etc., R. Co. v.
Rushing (Tex.). 367.
Invalid person: injury to. Aggravation of disease.
Jerk. Company is liable for injury caused to person in feeble health by
his being thrown across the seats of a car by a sudden jerk. East
Line R. Co. v. Rushing (Tex.). 367.
Jerk. In action for injury to passenger caused by running switch
engine against car, evidence that conductor had left train, and that
brakeman making coupling gave no warning, is sufficient to justify
submission of question of gross negligence to jury. East Line R.
Co. v. Rushing (Tex.). 367.
Jerk. Unnecessary shock. Where passenger is thrown from his seat
and injured by a number of loaded cars suddenly coming against
the car in which he is seated, company is liable. Quackenbush v.
Chicago & N. W. R. Co. (Iowa). 545.
Jerking passenger from step. Passenger was jerked from step of street
car, alighted safely on his feet, and was there after struck by a run-
away. Held, that being struck by the runaway and not being jerked
from the step was the proximate cause of the injury. South Side
R. Co. z. Trich (Pa.). 549.
Jumping from moving train by person in fear.
Jumping from moving train. Failure to stop.
Instruction that if train
was not stopped, and passenger jumped off when it was unsafe to
do so and was injured, he cannot recover, held erroneous. question
of plaintiff's negligence being for jury. Covington v. Western &
A. R. Co. (Ga.). 469.
Jumping from train. Panic. Railway is not liable to person who, in
state of panic, jumps from train and is injured thereby, where fear
was not occasioned by act of company's employee. Réary v. Louis-
ville, etc., R. Co. (La.). 277.
Limitation of action. Action to recover damages sustained by being
thrown from street car falls within limitation of three years applic-
able to actions for personal injuries resulting from negligence under
New York Code. Webber v. Herkimer & M. St. R. Co. (N. Y.)
580.
Medical treatment. Testimony of physician that plaintiff disobeyed his
instructions held not sufficient to call for charge limiting recovery
to such damages only as he would have sustained had he followed
instruction. Gulf, etc., R. Co. v. Mannewitz (Tex.). 428.
Newsboy pushed from step of street car by conductor and run over,
held not entitled to recover exemplary damages, there being no
evidence that the act was wilful or wanton. Philadelphia Traction
Co. v. Orbann (Pa.). 432.
Newsboy selling papers on street car not an employee on or about the
road within meaning of Pennsylvania statute. Philadelp! ia Trac-
tion Co. v. Orbann (Pa.). 432.
Passing street car. Passenger thrown from platform and injured, owing
to negligence of driver of car on which he was riding and driver of
car passing in opposite direction. Instruction as to negligence of
the driver of the latter car when there was no testimony of any
negligence on his part, held erroneous. Black v. Brooklyn City R.
Co. (N. Y.). 526.
Place for alighting. Duty of company. Instruction that company is
not bound to make landings or provision for reception of passengers
where none are expected, ought not to be given without modifica-
tion to adapt it to circumstances. Smith v. Central R. & B. Co.
(Ga.). 456.
Platform: injury to passenger on. Inconsistent findings. 378 n.
Pleading. Allegation in action for injuries caused by company's negli-
gence that plaintiff was a passenger held merely redundant and not
to defeat his recovery. Way v. Chicago, etc., R. Co. (Iowa). 286.
Pleading. Sufficiency of complaint. Complaint alleging contract to
transport plaintiff, but not alleging that point at which accident
occurred is between place of departure and destination is sufficient,
if it appear that plaintiff was injured while being carried under con-
tract. International & G. N. R. Co. v. Underwood (Tex.). 570.
Presumption of negligence arising from injury sustained by passenger
has no application where injuries were received while passenger was
passing from station to ferry, and were caused by pushing his hand
through glass of swing door. Hayman v. Pennsylvania R. Co.
(Pa.). 478.
Presumption of negligence. Statute which declares that in all cases
where passengers are injured the presumption shall be against com-
pany does not abridge privileges and immunities of a citizen.
Augusta & S. R. Co. v. Randall (Ga.). 439.
Previous bad health. Fact that person injured through negligence
would have recovered if he had not been in bad health at the time
the accident occurred will not preclude recovery if death was not
sole result of bad health. Louisville & N. R. Co. v. Jones (Ala.).
Production of ticket. See TICKET.
Refusal to pay fare.
Person getting upon train which does not stop at
station for which he has bought ticket, and refusing to pay fare to
next station, or to leave train when requested, is a trespasser.
Atchison, etc., R. Co. v. Gants (Kan.). 290.
Riding on dangerous place. Consent and authority of servants.
Riding on engine. Former employee is charged with notice of rule pro-
hibiting any one but employees from riding on engine, and if he ride
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