Missouri Pacific Railroad Co. v. Prude

• Decision Date: 22 January 1923
• Docket Number: 113
• Citation: 247 S.W. 785,156 Ark. 583
• Parties: MISSOURI PACIFIC RAILROAD COMPANY v. PRUDE
• Court: Arkansas Supreme Court

247 S.W. 785

156 Ark. 583

MISSOURI PACIFIC RAILROAD COMPANY v. PRUDE

No. 113

Supreme Court of Arkansas

January 22, 1923

Appeal from St. Francis Circuit Court; R. J. Williams, special judge; reversed in part.

Judgment affirmed.

Thos B. Pryor and Daggett & Daggett, for appellant.

The sale by a carrier of a coupon ticket for through transportation over its own and connecting lines, in the absence of a specific contract, does not render the initial carrier liable for injury sustained by a passenger on connecting lines. 10 C. J. 818; 6 Cyc. 571; 5 R. C. L. Carriers, § 779. The selling carrier may lawfully contract with the passenger limiting liability to its own line. 136 S.W. 793; 20 Ann. Cas. 311; 88 S.W. 35; 112 Ill 295; 114 Mass. 48. In the absence of statute or special contract, each connecting carrier is bound only to carry safely and be liable for injury, over its own line. 42 S.Ct 332.

S. S. Hargraves and Mann & Mann, for appellee.

In the absence of an express contract, the initial carrier who sells a passenger a through ticket and checks his baggage to its destination is liable for the loss of such baggage by a connecting carrier. 74 Ark. 9; 74 Ark. 125. The same rule should apply to the passenger. 10 C. J. 818; 5 R. C. L. "Carriers," § 779.

OPINION

HUMPHREYS, J.

Appellee instituted this suit against appellant in the St. Francis Circuit Court to recover $ 2,400 compensatory, and $ 500 punitive, damages, on account of an assault and battery committed upon her by the auditor of the International & Great Northern Railroad Company, a connecting line of appellee in the transportation of passengers. It was alleged that on the 24th day of October, 1920, appellee purchased a ticket from appellant good for passage from Forrest City, Ark., to Houston, Texas, and return; that, before retiring on the night of said date, she delivered the ticket to the auditor, who receipted her for it; that on the next day she gave the receipt to the auditor, expecting him to return her ticket, which he failed to do; that when near Houston she attempted to procure the return portion of her ticket, and was assaulted by the auditor; that by reason of the assault and battery she suffered both physical pain and mental anguish.

Appellant filed an answer admitting the purchase of the ticket, but denying the assault and battery and any pain and anguish resulting therefrom.

By way of further defense, appellant alleged that the ticket covered its own and two independent connecting lines; that the ticket was good for transportation over its own line from Forrest City, via Wynne, Arkansas, to Texarkana, Arkansas; over the Texas Pacific Railroad Company from Texarkana, Arkansas, to Longview, Texas; and over the International & Great Northern Company from Longview to Houston, Texas; that each of the three lines or companies are independent corporations; that the ticket contained the following agreement:

"In selling this ticket and checking baggage hereon, the selling carrier acts only as agent, and is not responsible beyond its own lines"; that if any assault and battery was committed upon appellee it was committed by the auditor of the International & Great Northern Railroad Company, for the acts of whom appellant was not liable.

The cause was submitted to the jury upon the pleadings, testimony, and instructions of the court, which resulted in a verdict and judgment against appellant for $ 1,600 compensatory, and $ 500 punitive, damages, from which is this appeal.

The facts are undisputed, and, briefly stated, are as follows Appellant, the initial carrier, sold appellee a round trip ticket from Forrest City, Arkansas, to Houston, Texas, at a reduced rate, to the Confederate Reunion. The ticket covered three independent lines of railroad, and contained six coupons, three for the going trip, and three for the return trip. A paster contract was attached to the ticket which contained the following stipulation: "In selling this ticket and checking baggage hereon, the selling carrier acts only as agent, and is not responsible beyond its own lines." The ticket was purchased over the telephone. When appellee reached the depot she paid for the ticket, which was handed to her in an envelope. She did not sign nor inspect the ticket. She proceeded to Wynne, where she took the Sunshine Special and continued her journey. Upon retiring for the night the auditor issued her a receipt and took her ticket. The next day the auditor took up the receipt, assuring her that her ticket was all right. Just before reaching Houston, appellee asked the auditor for her ticket, and was informed that he had given it to her and that she must have lost it. She denied that he had given it to her. He looked through his papers, and said he did not have the ticket and could do nothing about it. After...