11 Ga. App. 236 | Ga. Ct. App. | 1912
Miss Annie drivers recovered a verdict against the Louisville & Nashville Eailroad Company and the Atlantic Coast Line Railroad Company for $100, as damages for the alleged tortious act of a conductor of the defendants, based upon the following facts: Plaintiff got on a train of the defendants at Buck-head, for the purpose of going to Atlanta. Before getting on the train she went to the ticket agent at Buclchead and asked him for a ticket to Atlanta, and he replied that her father had already bought her ticket to Atlanta. After the train left Buckhead, and before reaching Madison, the conductor in charge of the train took up her ticket for Atlanta. After leaving Madison the conductor approached her and asked her why she did not get off the train at Madison. She told him that her ticket was for Atlanta. He replied that her ticket-was for Madison, and that she would
The rule of law governing the ease is well settled. It is unquestionably the duty of the railroad company to protect a passenger against insult or injury from the conductor of the train upon which the passenger is riding. Any conduct of the conductor which reasonably and ordinarily tends to humiliate a passenger or subject him to mortification gives to the passenger a right of action against the company. Cole v. Atlanta & West Point Railroad Co., 102 Ca. 474 (31 S. E. 107), and many eases there cited. . As tersely expressed in the case of Head v. Georgia Pacific Ry. Co., 79 Ga. 360 (7 S. E. 217, 11 Am. St. R. 434), “Wounding a man’s feelings is as much actual damage as breaking his limbs. The difference is, that one is internal and the other external, one mental, the other physical.” A carrier obligates itself to carry its passengers safely
The rule of law being thus well settled (and, we think, wisely and property settled), the only question is, whether the conduct of the conductor in the present case amounted to a violation of this rule. We think that the statement of the conductor that the plaintiff did not hold a ticket which entitled her to transportation to Atlanta, notwithstanding her assertion that she did have such ticket and had given it to the conductor, his refusal to examine his tickets to see if her statement was not the truth, and his assumption that it was not the truth, and his demand for fare, under the threat of putting her off the train, were calculated to humiliate and mortify her, since the conversation took place in the hearing and presence of other passengers. It makes no substantial difference, except on the question of aggravation, that the manner of the conductor was respectful. The conduct of the conductor, with reasonable inferences therefrom, had necessarily a tendency to embarass and humiliate the young lady passenger, and his conduct was at the peril of the company, and it turned out that his conduct was wholly unauthorized by the facts. Neither did the fact that when he discovered his mistake he offered to refund the money, and did refund it and apologize for his mistake, repair the wrong he had already perpetrated against the passenger in wounding negligently and unnecessarily her feelings.
It is insisted that the conductor simply made a mistake. This may be true, but it was a mistake due to his own negligence, and was a mistake for' which he and his employer were responsible.
Judgment affirmed.