Hutchison v. Southern Ry. Co.

• Citation: 95 S.E. 181
• Decision Date: 07 December 1917
• Docket Number: (No. 9833.)
• Parties: HUTCHISON. v. SOUTHERN RY. CO. (two cases).
• Court: United States State Supreme Court of South Carolina

95 S.E. 181

HUTCHISON.
v.
SOUTHERN RY. CO. (two cases).

(No. 9833.)

Supreme Court of South Carolina.

Dec. 7, 1917.

Gary, C. J., and Fraser, J., dissenting.

Appeal from Common Pleas Circuit Court of York County; T. J. Mauldin, Judge.

Actions by Mrs. Kate J. Hutchison and Miss Kate J. Hutchison against the Southern Railway Company. Judgment for defendant, and plaintiffs appeal. Affirmed.

J. Harry Foster, of Rock Hill, for appellants.

McDonald & McDonald, of Winnsboro, for respondent.

HYDRICK, J. These actions were brought to recover damages alleged to have been caused by incorrect information given to plaintiffs by defendant's agent at Rock Hill, S. C, with regard to their right to through transportation, without change of cars, from Rock Hill to Auburn, Ala.

Plaintiffs allege that on October 21, 1915, they purchased from defendant's agent at Rock Hill through tickets from Rock Hill to Auburn, Ala.; that the agent told them to go to Charlotte and take train No. 37, which is known as the New York, Atlanta & New Orleans, Limited, and they would be carried through to Auburn, without another change of cars; that they followed his directions, and, when the train was approaching Atlanta, the conductor asked them to go forward and take seats in another car, as the one they were in would be dropped at Atlanta, thereby further misleading them into the belief that they would be carried on to Auburn in the forward car, as he knew their tickets were for Auburn; that, after the train left Atlanta, another conductor came through to take up tickets, and, when he saw their tickets, told them the train was not scheduled to stop at Auburn, and that he would not stop there; that he was obdurate, rude in manner and speech, and would give them no opportunity to explain their situation to him. and they were compelled by the circumstances to get off at Opelika, Ala., a station seven miles this side of Auburn, at which the train was scheduled to stop, and drive through the country in an automobile to Auburn; that the train arrived at Opelika about 10 o'clock at night; it was raining and the weather was very inclement, and their experience was most unpleasant and disagreeable, on account of the inclemency of the weather and the drive through the country at night without an escort.

Defendant denied misdirection of plaintiffs by its agents, and alleged that they had been informed that No. 37 was not scheduled to stop at Auburn, and, in view of that information, they intended to get off at Opelika, and had made arrangements for a relative to meet them there and take them to...