Entzminger v. Seaboard Air Line Ry.

• Decision Date: 22 February 1908
• Citation: 60 S.E. 441,79 S.C. 151
• Parties: ENTZMINGER v. SEABOARD AIR LINE RY.
• Court: South Carolina Supreme Court

60 S.E. 441

79 S.C. 151

ENTZMINGER v. SEABOARD AIR LINE RY.

Supreme Court of South Carolina

February 22, 1908

Appeal from Common Pleas Circuit Court, of Bamberg County; D. E Hydrick, Judge.

Action by J. F. Entzminger against the Seaboard Air Line Railway for actual and punitive damages, caused by the act of defendant's employés in putting plaintiff off a train at the wrong station. From a judgment for plaintiff, defendant appeals. Affirmed.

E. T La Fitte and Wm. H. Lyles, for appellant.

J. W Thurmond, J. F. Carter, and Geo. B. Timmerman, for respondent.

WOODS J.

With the purpose of going to Denmark, S. C., J. F. Entzminger, on the night of 24th December, 1906, boarded the defendant company's north-bound train at Jacksonville, Fla. He gave the necessary mileage to the conductor, and requested him and, later, the Pullman porter, to wake him at Denmark. The conductor promised to see that his request was complied with. Instead of being put off at the proper place, Entzminger was awakened by the porter, who told him Denmark was the next station, and, when the train stopped, put him off at the station, which proved to be Govan, a small place nine miles from Denmark. It was very early in the morning, and dark. The passengers had alighted, and the train was just drawing out, when the plaintiff, perceiving the mistake, immediately rushed after the train, and cried to the porter on the back platform: "This is not Denmark. Stop the train"-and, seeing the station agent with a lantern, called him to wave the train down. Several witnesses, including the station agent, testified the porter pulled the bell cord, but neither this nor the waving of the agent's lantern was of any effect in stopping the train. The plaintiff had to make connection that morning at Denmark with the Southern Railway's train to Augusta in order that he might meet some pressing personal engagements that afternoon, 25th December, at Aiken, S.C. He was much wrought up and troubled at the prospect of missing his connection, and after considerable trouble succeeded in hiring a team to take him to Denmark. He testified that, owing to defendant's negligence in putting him off at the wrong station, he was exposed to the bitterly cold weather on his ride to Denmark, was made sick, and rendered unable to attend to his duties for several weeks, thereby undergoing serious physical and mental suffering. This action was brought for actual and punitive damages against the defendant company, and tried at the March term of court of common pleas for Bamberg county. The defendant's counsel admitted actual damages, but contested the cause of action for punitive damages. Upon the jury's rendering a verdict for $500 for the plaintiff, the defendant made a motion for a new trial, which the trial judge refused.

The first exception alleges error in that...