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ARTICLE III. LIABILITY OF CARRIER FOR EJECTION OF PASSENGER.

SUBDIVISION 1. Grounds of Action for Wrongful Ejection.

SECTION 3195.

Unlawful ejection actionable per se.

3196. Questions as to whether the servant of the carrier acted within the scope of his employment in ejecting a passenger.

3197. When the conductor deemed to be acting within the scope of his employment.

3198. 3199.

3200. 3201.

3202.

3203.

3204.

This question with reference to the authority of railway brakemen. What other railway employés have and have not implied authority to expel.

What amounts to an expulsion such as gives this right of action. Doctrine that passenger must submit to the illegal demand to avoid expulsion.

Doctrine that the passenger can not recover for the tort of expelling him, but only for the breach of the contract.

Doctrine that the passenger may rightfully resist expulsion, and then recover damages for the injuries visited upon him in overcoming his resistance.

Circumstances which bar right of action for the expulsion.

SUBDIVISION 2. Ejection for Reasons Connected with the Contract of Carriage and the Payment of Fare.

SECTION

3208. Résumé of circumstances justifying ejection of passenger.

3209. Ejection for refusing to pay fare.

3210. Circumstances under which passenger rightly expelled on this ground.

3211. Circumstances where passenger wrongfully expelled on this ground. 3212. Passenger tendering an unreasonable amount and requiring conductor to make change.

3213. Passenger presenting a ticket having a time limit which has expired.

Ejecting for non-payment of fare of child.

3214.

3215.

3216.

Where another passenger tenders the proper fare.
Refusing either to exhibit ticket or pay fare.

3217.

Exception where the passenger has lost his ticket.

3218. Ejection for refusing to pay extra fare on train for not purchasing

3219.

3220.

3221.

3222.

ticket.

When such refusal no ground for ejection.

Ejecting passenger from parlor or chair car who refuses to pay additional fare.

Tendering fare after train stopped.

Ejection for failure to have return-trip ticket stamped.

3223. Rule where one conductor gives the passenger an erroneous transfer ticket which the next conductor refuses to honor.

3224. Ejecting passenger for refusing to pay fare where ticket has been

SECTION

3225. Ejection caused by mistake of ticket agent.

3226. Ejection of passengers who claim the right to stop off at intermedi

ate places.

3227. Ejection of persons from freight trains.

3228. 3229. 3230.

Ejection of passenger who has got upon the wrong train.

The law on this subject restated.

Ejection because train does not stop at the place called for by the passenger's ticket.

3231. Expulsion of passengers who have been carried beyond their destination.

SUBDIVISION 3. Expulsion of Passengers for Causes Connected with their Character, Condition, or Conduct.

SECTION

3234. Expulsion of drunken, sick, or insane passengers.

3235. Removal of sick passengers and passengers affected with contagious diseases.

3236. Expulsion of disorderly passengers.

3237.

3238.

What disorderly conduct will and what will not justify such expulsion.

Expulsion of passenger for refusing to pay fare until seated. 3239. Ejection for refusing to obey reasonable rules of carrier. 3240. Ejecting negroes from sleeping cars.

3241. Expelling persons from carrier's stations, waiting-rooms, etc.

SUBDIVISION 4. Time, Place and Manner of Expelling Passengers.

SECTION

3244.

3245.

3246.

3247.

Places at which persons may be ejected from railway trains.

Ejection at an improper or dangerous place.

Expulsion of drunken passenger at dangerous place.

Times, places, and circumstances where the expulsion of drunken passengers is not unlawful.

3248. Injuries to third persons caused by ejecting drunken persons at improper places.

3249. Statutes regulating this subject.

Further of such statutes.

3250.

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3253. Carrier liable for using excessive force in effecting the expulsion. 3254. Force employed by carrier's servants in self-defense or in overcoming resistance.

3255. Expelling passengers in a rude, insolent and insulting manner. 3256. Untenable decisions upon this question.

3257. Questions of negligence, malice, excessive force, etc., are for the jury.

3258.

What the expelled passenger ought to do in the exercise of reasonable prudence.

SUBDIVISION 5. Questions of Procedure in Actions for Expulsion of Passengers.

SECTION

3262. Action not restricted to breach of contract, but recovery may be had as for a tort.

3263. Ejected passenger may sue either in contract or in tort.

3264.

Joinder of parties defendant.

3265.

Other questions of pleading in such actions.

3266.

3267.

Evidence in actions for the ejection of passengers.

Instructions which have been held erroneous.

3268. Instructions which were properly refused.

3269. Instruction which it was held error to refuse.

ARTICLE IV. LIABILITY OF CARRIER FOR ARRESTS OF PASSENGERS.

SECTION

3272. Liability of carrier for arrests made by his servants.

3273. Arrests of intending passengers made before the transit has commenced.

3274. Arrests made by officers of the law and railway agents possessing constabulary powers.

3275.

3276.

3277.

3278.

Rule of respondeat superior mistakenly applied to false arrests of
passengers by servants of carrier after transit commenced.
American decisions which hold the carrier liable for false arrests
of passengers made by his servants, whether before or after
transit commences.

What officers have and have not implied authority to make arrests.
Instigating officers to make arrests.

3279. Liability of a carrier for permitting unlawful arrests of its passen

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ARTICLE V. DAMAGES RECOVERABLE BY THE PASSENGER FOR ExPULSIONS, ASSAULTS, INSULTS, AND OTHER POSITIVE WRongs.

SECTION

3285. Acts subsequent to the expulsion as affecting damages.

3286.

Instances where the damages were held not too remote. 3287. Instances where the damages were held too remote.

3288. Damages for humiliation, mortification, mental suffering, nervous shock, paroxysms, etc.

3289. Other elements of damage for unlawful ejections.

3290. When the carrier liable to exemplary damages for such misconduct on the part of his servants.

Exemplary damages for unlawful ejections.

3291.

3292.

3293.

Further of exemplary damages for unlawful ejections.
Further of exemplary damages in such cases.

3294.

Cases of this kind where exemplary damages are not given.

SECTION

3295. What acts of ratification will justify exemplary damages.

3296. An instruction as to damages which passed judicial scrutiny. Quantum of damages awarded in cases of expulsion of passengers. Subsequent satisfaction of damages.

3297.

3298.

CHAPTER XCVII.

RESPONSIBILITY OF CARRIER TO TRESPASSERS ON HIS VEHICLE AS DISTINGUISHED FROM PASSENGERS.

ART. I. General Doctrines and Illustrations, §§ 3302-3316.
ART. II. Who are Such Trespassers, §§ 3319-3323.

ARTICLE I. GENERAL DOCTRINES AND ILLUSTRATIONS.

SECTION 3302.

3303.

3304.

3305.

Extent of carrier's duty to trespassers on his vehicle.
Carrier owes trespasser no more than ordinary care.
Care required in expelling trespasser from carrier's vehicle.
Expulsion of trespassers by brakemen-Authority of brakemen to
expel.

Decisions holding carrier liable for expulsions of trespassers by
brakemen.

Carrier liable for negligent or wanton injuries special to the tres⚫ passer.

3306.

3307.

3308.

3309.

What rule in the case of bare licensees.

3310.

What rule as to trespassing children.

3311.

Injuries to children from climbing upon cars.

Liability for willful or wanton injuries to trespassers.

3312. Ejecting boys stealing rides.

3313. Injuries to trespassers on railway trains for which the company has been exonerated.

3314.

3315.

Instances where railway companies were held liable for injuries to trespassers.

Decisions which hold the company to an obligation of affirmative care in behalf of the trespasser after discovering him in a position of peril.

3316. Contributory negligence of the trespasser no justification for injuring him willfully or wantonly.

SECTION

3319.

3320.

ARTICLE II. WHO ARE SUCH TRESPASSERS.

Who deemed a trespasser within the foregoing rule.

Persons wrongfully inducing conductor, fireman, etc., to let them ride free.

3321. Persons riding by invitation, courtesy, or permission of the con

ductor, or other servant of carrier.

VOL. 3 THOMP. NEG.-iii

SECTION

3322. Persons riding by invitation or permission of conductor, who are

not deemed trespassers.

3323. Persons procuring passage by means of fraud.

CHAPTER XCVIII.

CONTRACTS LIMITING THE LIABILITY OF CARRIER FOR INJURIES TO PASSENGER.

SECTION

3326. Carrier can not stipulate against the consequences of his own negligence.

3327.

3328.

3329.

3330.

3331.

3332.

3333.

3334. 3335.

State of the English law on this subject.

Whether this rule applies to gratuitous passengers.

Reasons in support of the opposing views on this question.

Rule where the passenger is guilty of fraud.

Doctrine that such a stipulation does not extend to the negligence of the company itself.

Doctrine that it extends to injuries from whatever cause except fraud or willful misconduct.

View that it does not release the carrier from liability for gross
negligence.

When stipulation deemed to have received assent of passenger.
Abatement of fare as a consideration for such stipulations.

3336. Contract releasing the carrier from liability in consideration of being allowed to ride in the baggage car.

3337.

Effect of such a contract of the passenger riding in a drawing

room car.

3338. Validity of such stipulations in the case of a person travelling on a drover's pass.

3339.

Decisions to the effect that a stockman is a gratuitous passenger, and that such a stipulation with him is valid.

3340. Validity of such stipulations with respect to express messengers. 3341. Validity of such stipulations with respect to mail agents.

3342. Validity of such stipulations with respect to the servants of a sleeping car company whose cars are hauled by the railroad company.

3343.

Validity of such stipulations with respect to news agents.

3344. Right of a circus proprietor to contract away the lives of his employés.

CHAPTER XCIX.

LIABILITY OF CARRIERS FOR INJURIES TO PASSENGERS THROUGH DEFAULTS OF CONNECTING LINE.

SECTION

3348.

The English doctrine as to the liability of connecting carriers. 3349. Incorporated carriers not bound to carry beyond their own lines. 3350. But such contracts not ultra vires.

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