111 Ky. 560 | Ky. Ct. App. | 1901
Opinion of the court by
Reversing.
Appellee’s mother died at Jeffersontown, Ky. The family desired to take her remanís to Shelbyville for burial on August 25, 1897. Appellee, on August 24th, went to see Blandford, appellant’s agent at Jeffersontown, and told him that he wished to make arrangements to have
Authorities are cited maintaining the rule that, .where a promise is made to several jointly, all must unite as plaintiffs, in an action for a breach of it. This is not the character of contract, however, to which that rule applies. In Baughman v. Railroad Co., 94 Ky., 150 (14 R., 775) 21 S. W., 757, several persons owning horses made a contract shipping them in one car. The car was wrecked, and it was held that a several action lay'by each owner to recover the damages done to his stock, for the reason that one was not interested in the stock of the other. The same principle applies to the case before us. The damages for the delay in transportation was a distinct cause of action in favor of each passenger delayed. One might suffer considerable loss, and another but little. One would have no interest in the recovery of the other. We'are therefore of opinion that the court property overruled the demurrer.
The jury to whom the case was submitted returned a verdict in favor of appellee for $250. This was clearly excessive, under the evidence. The only pecuniary 'loss that appellee showed he sustained was $22.50, which he paid as his half of the expense of the funeral party at Shelbyville that night; his brother paying the other half. When it was found that the party could not return on the freight train, appellee secured a bed, and went to sleep, returning home the next morning early. He can not recover for the discomfort or inconvenience of other members of his party. There is nothing in the record warranting a recovery for pain of body or of mind, or for anything more
It is insisted for appellant that Grainger was without authority to make the arrangement. But in the note which Grainger wrote the superintendent at the time in regard to the matter, which was produced by appellant on the trial, he signed his name as acting general passenger agent. Appellant did not repudiate the authority which he assumed, but acted upon the contract which he made,, and can not, after so doing, deny his authority. Whether he- made the contract as alleged, of course we do not determine. Judgment reversed, and cause remanded, with directions to grant appellant a new trial, and for further proceedings consistent with this opinion.