106 S.E. 491 | N.C. | 1921
The action is to recover damages for an unlawful and wrongful assault and battery on plaintiff by defendant, H. G. Bland, and in which plaintiff seeks to hold defendant company liable by reason of the fact that plaintiff was a passenger of defendant road, and that Bland was an employee of the company at the time, and that the assault was made and injuries inflicted under circumstances that rendered the company, etc., responsible for his wrongful conduct. There was denial of liability on the part of the company and Director General, who insisted that Bland, while an employee, was not on duty at the time and place of the occurrence, and that these defendants were in no way liable for his acts. On issues submitted, the jury rendered the following verdict:
"1. Did the defendant Bland unlawfully assault the plaintiff, as alleged? Answer: `Yes.'
"2. Did the defendants, Atlantic Coast Line Railroad and Walker D. Hines, Director General of Railroads, through their agent, unlawfully assault the plaintiff, as alleged? Answer: `Yes.'
"3. What damages, if any, is the plaintiff entitled to recover therefor? Answer: `$2,250.'"
Judgment on verdict for plaintiff, and defendants other than Bland excepted and appealed.
It is now fully recognized that corporations may be held liable for the malicious and willful as well as negligent torts of their agents and employees, when committed in the course of and scope of their employment, and also for injuries inflicted in breach of some duty owing directly from the company to the injured person, growing out of the conditions existent between them, an instance of this last rule of liability being not infrequently presented from the relationship of carrier and passenger.Cotton v. Fisheries Product Co.,
It is on this ground that liability has been fixed on appellants in the case before us, and we find no good reason for disturbing the results of the trial. It is objected to the validity of plaintiff's recovery that the court refused defendant's motion of nonsuit, and this principally on the ground that there is no evidence of legal significance that the relationship of carrier and passenger existed between the parties at the time. Second, that there was error in allowing the jury to consider the question of punitive damages, but in our opinion neither position can be maintained. On the motion to nonsuit there was evidence on the part of plaintiff tending to show that on 27 March, 1919, plaintiff went to the railroad station of defendant company at Norfleet, N.C. for the purpose of becoming a passenger on the next train of the company going towards Kelford, the next station on the road; that plaintiff went to the station, which was then open for reception of passengers, about an hour before schedule time, which was 10:20 a. m.; that defendant Bland and one O. W. Parker were in the regular railroad office at the time, apparently engaged in some official work; that plaintiff inquired for an express package he was expecting, and after and while waiting for the ticket window to open, which was usually done about fifteen minutes before the arrival of trains, plaintiff stepped into station yard about five feet from office, and while there Bland and Parker came out and passed plaintiff going towards the store of Moses Moore, which abutted on the station premises. As they passed Parker asked plaintiff to come on and have a drink. That soon Bland, while standing about forty steps away in the direction of the store and in the station yard, called to plaintiff to "come over here, I would like to speak to you." Plaintiff went to him, when Bland asked plaintiff why he had told that Bland was selling whiskey. Plaintiff replied that he didn't recall having said anything about that. Bland said to plaintiff: "Didn't you tell Captain Haley that I had been peddling whiskey on the streets of Kelford?" Plaintiff replied "No"; when Bland called him a "God-damned liar," and picked up a heavy stick three feet long and hit plaintiff several times with it over head and shoulders, etc. That plaintiff tried to make defense, but was too much stunned and crippled by the blows with the stick; that plaintiff went up on platform of the store to get something to protect himself, and Bland followed. They clinched and fell off the porch. That during the occurrence Bland, who was at the time station agent of the company at Norfleet, continued to curse and abuse plaintiff, and in the assault inflicted protracted and painful injuries upon him.
Considering this statement under the rule which uniformly prevails in this jurisdiction, that on motion to nonsuit the evidence which makes *114
in favor of plaintiff's claim must be accepted as true, and construed in the light most favorable to him, Lamb v. R. R.,
There was evidence on the part of defendant tending to show that plaintiff had come to the station and made inquiry of its agent at or near eight in the morning, more than two hours before the schedule time for the train; that plaintiff had said nothing of his purpose of becoming passenger, and that he knew of the custom not to open the ticket window till fifteen minutes before schedule time for train. Defendant's evidence further tended to show that Bland was not the agent at Norfleet at this time, but had surrendered the keep and control of the station the afternoon before to O. W. Parker, the new man at Norfleet, and with view of becoming agent at Kelford, the next station on the line, and that if Bland was at or about the station on that occasion at all that day he was there only for the purpose of assisting Parker, the new agent, to take up the work, and that he was otherwise without authority or duty at Norfleet; and further, that the fight was not on the company's premises proper, but commenced on the platform of the store. On the motion to nonsuit, this testimony coming from defendant could not properly be considered, and as to plaintiff's being a passenger, the question on the conflicting testimony was submitted to the jury, with the instruction, among other things, that, "If plaintiff Clark went to said railroad at Norfleet upon this occasion to take the next train for Kelford, and went to the station at Norfleet in a reasonable time before the time for the arrival of the train, though he had not purchased a ticket, he is in contemplation of law a passenger, and the duties imposed by the relation of carrier and passenger would be obligatory on the railroad," etc, a position that is fully supported by the decided cases with us, and by the authorities generally on the subject. Thomas v. R. R.,
And these and many other cases in this jurisdiction hold that when such injuries are inflicted willfully and of malice or under circumstances of insult, rudeness, and oppression, punitive damages may be awarded in the discretion of the jury. Lanier v. Pullman Co., supra; Huffman v. R. R.,
Appellants except further that as to the exact point where the difficulty took place, the court instructed the jury in effect that, "If plaintiff, being on the railroad premises and on business with the company, as claimed, was called off by an employee of the railroad to a point a short distance away, and for the purpose of a personal difficulty, and was there assaulted and beaten, the same rules would apply whether the point at which the assault took place was just on or off the premises of the company"; but we think this is undoubtedly a correct ruling. The evidence is clearly to the effect that either Bland was the company's agent at the station, or, being an employee of the company, he was there assisting the new agent in his duties, this last position seems to be recognized in the brief of counsel, and in such case he would be charged in part with extending to plaintiff the protection owing to him as a passenger, and under such circumstances, if he called plaintiff from the premises for the purpose of assaulting him, and did assault him as claimed, just beyond the line, the breach of duty might well be considered as commencing at the time of the call. Assuredly so if the plaintiff had no notice or warning of the agent's wrongful purpose, and *116
in any event on the facts presented, plaintiff would still be within the sphere of protection owing to him as the company's passenger at the time, for the principle by no means requires that the passenger should remain continuously in the company's vehicles nor on the immediate premises.Wallace v. R. R.,
We were referred by counsel to the case of Stewart v. Lumber Co.,
In our case this additional element is present, the suit being for a breach of duty growing out of the relationship of carrier and passenger, and by an agent of the company charged in part with performance of the duty of protection and care of plaintiff, and in such case the authorities in this jurisdiction uphold the award of punitive damages where, as stated, the wrong is done willfully and under circumstances of insult, rudeness, or oppression. Thus in Huffman v. R. R., supra, it was held "that defendant railroad company was liable in punitive damages for willful and malicious abuse of a female passenger, traveling on his train, occasioned by her not having purchased a ticket for a nine-year-old child traveling with her."
In Williams v. R. R.,
We were also cited to Lake Shore, etc., R. R. v. Prentice,
On careful consideration we find no error in the record, and are of opinion that the judgment for plaintiff, establishing liability of defendant company, should be affirmed.
No error.
CLARK, C. J., did not sit.