84 Wis. 412 | Wis. | 1893
The court properly directed a verdict for plaintiff, for two reasons: (1) The plaintiff was expelled from the cars away from a usual stopping place, and not near a dwelling house. Sec. 1818, R. S., provides that, “ if any passenger shall refuse to pay his fare, it shall be lawful for the conductor of the train and the servants of the corporation to put him and his baggage off the cars, on stopping the cars and using no unnecessary force, at any usual stopping place, or near any dwelling house, as the conductor shall elect.” We are of the opinion that by necessary implication this statute prohibits the expulsion of a passenger from the cars for nonpayment of fare at any place other than at one of the places mentioned in the statute; hence, in any event, the plaintiff was unlawfully expelled from the cars. A contrary rule was laid down in Toledo, W. & W. R. Co. v. Wright, 68 Ind. 586, but we cannot adopt it. If it was lawful, under common-law rules, to expel a passenger from a public conveyance at any point the carrier might choose, for nonpayment of fare, we must hold, against the rule of the Indiana case, that the statute is restrictive of that right, and confines its lawful exercise to the points specified therein. This is substantially the construction given the statute in Patry v. C., St. P., M. & O. R. Co. 77 Wis. 218. Indeed, any other construction would render the statute practically inoperative and useless. (2) Under the testimony the plaintiff undoubtedly had the rights of a passenger who went upon the train at Pike Lake, intending to go to Topside. He could not obtain a ticket at Pike Lake, and must necessarily pay his fare on the train. In such case the adjudications of the courts seem quite uniform that no extra fare can lawfully be charged, although the carrier may agree to refund, at some other place and time,
The only other question is, Were excessive damages aAvarded the plaintiff? The jury assessed the plaintiff’s damages at $300. It must be conceded that this is a very liberal alio Avance, and we should be better satisfied with' the verdict had a somewhat less sum been awarded. Yet the damages alloAved, although compensatory only, and confined by the court to injury to the feelings of the
By the Gourt — The judgment of the circuit court is affirmed.