McCarter v. Greenville Traction Co.

• Decision Date: 11 July 1905
• Citation: 51 S.E. 545,72 S.C. 134
• Parties: McCARTER v. GREENVILLE TRACTION CO.
• Court: South Carolina Supreme Court

51 S.E. 545

72 S.C. 134

McCARTER v. GREENVILLE TRACTION CO.

Supreme Court of South Carolina

July 11, 1905

Appeal from Common Pleas Circuit Court of Greenville County.

Action by E. L. McCarter against the Greenville Traction Company. From judgment for plaintiff, defendant appeals. Affirmed.

M. F Ansel, for appellant. McCullough & McSwain, for respondent.

GARY A. J.

In order to understand clearly the questions presented by the exceptions, it will be necessary to state the issues raised by the pleadings. The complaint alleges that the defendant is a corporation engaged in the operation of an electric street railway in the city of Greenville as a common carrier of passengers; that on the 15th of September, 1903, the plaintiff, in company with a friend, boarded one of the defendant's cars for the purpose of riding thereon, and thereby became a passenger; that, when the conductor approached the plaintiff to collect the fare, he tendered to the conductor 50 cents in silver (one piece), and requested him to deduct therefrom the charges for two fares amounting to 10 cents; that the conductor accepted the half dollar, but, not having the return change, tendered it back to the plaintiff, and at the same time told the plaintiff and his friend that they would have to get off the said car; that the conductor gave the signal for the car to stop, and, when it did so, again, in a stern and angry manner, ordered the plaintiff to leave the car, which he did, in order that he might not be subjected to the humiliation of a forcible ejectment, and to prevent a difficulty in the presence of ladies. The answer of the defendant, after denying the allegations of the complaint as therein set out, alleges "(1) That on the evening of the 15th of September, 1903 this defendant was running a special car from Pendleton street up Washington street, carrying certain passengers who were attending an entertainment on Pendleton street that evening; that it was after the regular schedule hours, and that, while passing up Washington street, the plaintiff and one other young man boarded said car and did offer to pay their fare with a fifty-cent piece; that it being after 11 o'clock in the night, and not having the change on hand and having failed to get the change from those on the car, the conductor of said car returned the fifty cents back to the plaintiff, and said to him that he could not make the change, but did not order the plaintiff and his friend to get off, nor did he put them off, nor did he stop the car to put them off, but, when the car did stop at Richardson street to take on other passengers, the...