93 So. 357 | Miss. | 1922
delivered the opinion of the court.
The appellee, as plaintiff in the circuit court, sued the defendant railroad company for damages, and recovered a judgment for the sum of two hundred dollars. The declaration sues for actual damages, and is based upon the alleged negligence of a ticket agent and of the conductor of a train.
The testimony for the plaintiff showed: That he had been in the United States navy and had been operated on in a hospital in New Orleans for appendicitis, that this operation had not proven a success, and it became necessary for him to return to the hospital for further treatment. At this time he was living near a station on the defendant’s line of railway called Taylorsville. He received from the government a request upon this railroad for transportation to New Orleans. The agent at this station was notified of this fact, and stated to plaintiff that it would be necessary for him to get this ticket from Taylorsville to New Orleans from the general offices of the company in Gulfport. This transportation Avas requested by 'the local agent, and in due course of time was sent him, whereupon he notified plaintiff that his transportation had arrived. The ticket read via Saratoga and Hattiesburg. There was also another route to New Orleans from Taylors-ville via Laurel and Hattiesburg. The train by Laurel left Taylorsville in the morning, while the train to Saratoga left in the afternoon. Stating the contention of the plaintiff most strongly in his favor, he called for his ticket in
The declaration does not seek to recover punitory damages. ' In fact, even if it had, there are no elements upon
This court has many times held that there can be no recovery of actual damages for annoyance, worry, or mental anguish disconnected from physical suffering.
The only actual damage sustained by the plaintiff in this case was the amount paid out by him for cash fare, which amounts to two dollars and eight cents. Since the jury have decided the facts in favor of the plaintiff, we will enter the proper judgment here for him for this amount.
Reversed, and judgment here for appellee.