62 W. Va. 650 | W. Va. | 1907
This was an action in case brought in the circuit court of Fayette county by Samuel H. Styles against the Chesapeake & Ohio Railroad Company, a corporation, to recover damages from said company by reason of its failure to carry and transport the plaintiff from Glenjean station on a branch of its said road to Thurmond another station, and for personal injuries to the said plaintiff caused by ejecting him from a freight train of the said defendant while said train was in motion, the plaintiff having purchased a ticket at the said Glenjean station to the'said station at Thurmond and return on March 19, 1904.
While a demurrer to the declaration was overruled there is no complaint of the action of the court in so doing, the only point raised in the case, except the claim of excessive damages allowed by the verdict of the jury, is as to the instructions given on behalf of the plaintiff. Instructions Nos. 1, 2, 3 and 4 are objected to as it is claimed “they are all based on the theory that a common carrier of passengers is bound to receive just as many people as apply for carriage, no matter what their number or how crowded the cars may be,” and no other objection or exception is made to said instructions or either of them. On motion of the defendant the court gave the following instructions touching that point: “ The Court instructs the jury, that a railway company is not required to carry an unusual number of pas
The second assignment is that the court erred in giving on behalf of the plaintiff the following instruction: “The Court further instructs the jury that if they find for the plaintiff, that they have a right to assess the actual damages that may have been sustained by the plaintiff and in addition thereto, they may find such damages, if any, as the plaintiff may be entitled to by reason of any physical pain or mental anguish suffered by the plaintiff as direct result of the negligence or breach of contract on the part of the defendant. ” It is argued by plaintiff in error that said instruction was improper to be given “ as the evidence showed that plaintiff had sustained no physical injury and under the law he cannot recover damages for mental anguish unaccompanied by bodily injury,” and cite several authorities to sustain his position. It is not true that according to the evidence the plaintiff sustained no physical injury. He
For the reasons here given the judgment of the circuit court is affirmed.
Affirmed.