Picklesimer v. Louisville & N. R. Co

• Decision Date: 10 June 1927
• Docket Number: (No. 581.)
• Citation: 138 S.E. 340
• Court: North Carolina Supreme Court
• Parties: PICKLESIMER. v. LOUISVILLE & N. R. CO.

138 S.E. 340

(194 N. c. 40)

PICKLESIMER.

v.LOUISVILLE & N. R. CO.

(No. 581.)

Supreme Court of North Carolina.

June 10, 1927.

Appeal from Superior Court, Cherokee County; Stack, Judge.

Civil action by Missie Picklesimer against the Louisville & Nashville Railroad Company to recover for defendant's negligent failure to transport her as a passenger on the defendant's mixed train from Etowah, Tenn., to Murphy, N. C. Judgment for plaintiff for $1,000 as compensatory and punitive damages, and defendant appeals. New trial ordered.

M. W. Bell, of Murphy, for appellant.

J. H. McCall and F. O. Christopher, both of Murphy, for appellee.

STACY C. J. On March 26, 1926, the plaintiff, desiring to reach the bedside of her mother, who was very ill, purchased a ticket at Etowah, Tenn., and took passage on a mixed train over the defendant's railroad to Murphy, N. C. This train was scheduled to arrive in Murphy at 1:50 p. m., but did not reach its destination on the day in question until 4:40 p. m., 2 hours and 50 minutes behind schedule time. The delay was caused by the train stopping along the way, unloading cinders, cross-ties, etc., and doing other work about the track. When the train arrived at Ranger, a station about 8 miles from Murphy, being then an hour and 30 minutes late, the plaintiff informed the conductor of her desire to reach Murphy, giving her reasons therefor, and asked that he speed up his train. At a point about two miles out from Murphy, while the train was stopped, plaintiff was informed by a friend, one Emory Fleming, that her mother was dead and that the funeral was then being held at Notla Church. Fleming offered to get his car andtake plaintiff from there to the cemetery, which he did, arriving about 5 p. m., just as the people were coming away from the burial. Plaintiff brings this action in tort alleging mental anguish and nervous shock, and seeks to recover both compensatory and punitive damages.

The plaintiff testified in part as follows:

"The first time I spoke to the conductor was at Ranger. He was polite and courteous to me— just as nice as he could be—as nice as any gentleman could be. I didn't suffer any physical harm by reason of what the conductor did or anything he said; it was just the delay; just being so anxious to get to my mother. I didn't have anything like a blow or an insult from the conductor or train crew. The only complaint I am making is for the train being late and the distress of mind I suffered by reason of the train being late; that is true. I make no claim to have ever had a physical hurt like a blow or anything; just a nervous shock; and I spoke to the conductor only one time, and that was at Ranger."

In view of this evidence, we think the trial...