95 Iowa 98 | Iowa | 1895
The case of Hufford v. Railway Co., cited above, was appealed a second time and is reported in 64 Mich. 631, 31 N. W. Rep. 544. It will be remembered that it is the case where the canceled ticket was sold and refused by the conductor. As bearing upon the effect of such a ticket when presented this language is used: “The ticket given by the agent to the plaintiff was the evidence agreed upon by the parties, by which the defendant should thereafter recognize the rights of the plaintiff in his contract; and neither the company, nor any of its agents, could thereafter be permitted to say that the ticket was not such evidence, and conclusive upon the subject. Passengers are not interested in the internal affairs of the companies whose coaches they ride in, nor are they required to know the rules and regulations made by the directors of a company for the control of the actions of its agents and the management of its affairs.” The case holds that even the canceled ticket, because issued for a passage, was good and conclusive. In Railway Co. v. Dougherty, 86 Ga. 744, 12 S. E. Rep. 747, which was an action by a colored woman for being ejected from a train, there was a mistake, her ticket being to Asheville, N. C., instead! of Atlanta, Ga., as she supposed. In the opinion it is
The court authorized' the jury to find exemplary damages, if it found that the act of defendant was malicious. Complaint is made of the instruction under the evidence, but it was warranted. There was evidence of the previous bad feeling and threats which, with what was done at the time of the ejectment, made the question one for the jury. The judgment is affirmed.