99 Ga. 266 | Ga. | 1896
1. A genuine silver coin of the United States, distinguishable as such, though, somewhat rare and differing in appearance from other coins of this government of like denomination and of later dates, is nevertheless a legal tender for car fare, and a passenger ejected for refusal to make payment otherwise than by tendering such a coin, is entitled to an action for damages. See Jersey City etc. R. Co. v. Morgan, 52 N. J. Law Rep. 60, 40 Am. & Eng. R. R. Cases, 675 .
2. That the conductor declined to receive a coin of this character because he in good faith believed it was a counterfeit will not . relieve the railroad company from liability.
3. There being evidence tending to show that in ejecting the •passenger the conductor used to him insulting language and was “very impolite and gruff,” the court was not unwarranted in charging the jury upon the law of vindictive damages.
4. Though the law relating to the extraordinary care due by railroad companies to passengers was not involved, it does not appear that alluding to it in the charge given ito the jury resulted in any injury to the defendant. Judgment affirmed.