The Jeffersonville Railroad Company v. Rogers. 122; 19 Ind. 192; 8 Blackf. 377; 29 Ind. 245; 2 Ind. 536; The judgment is reversed, at the costs of the appellees. L. McClurg and F. Claybaugh, for appellees. THE JEFFERSONVILLE RAILROAD COMPANY V. ROGERS. CARRIER.-Railroad.-Negligence.-Ticket.-If a passenger on a railway train, SAME.-Damages.—If, when insisting upon his right, in such case, to be carried be AGENT.-Tortious Acts of.—Corporation.—A corporation is liable for the wilful acts and torts of its agents committed within the general scope of their employment, as well as for their acts of negligence, though such particular acts were not authorized or ratified. APPEAL from the Bartholomew Circuit Court. WORDEN, C. J.-This was an action by Rogers against the appellant to recover damages for the wrongful expulsion of The Jeffersonville Railroad Company v. Rogers. the plaintiff, by the agent of the defendant, from one of her railway carriages. The cause has once been in this court, and a former judgment recovered by the plaintiff was reversed. 28 Ind. 1. On a subsequent trial the plaintiff obtained a verdict and judgment for one thousand dollars. From the latter judgment this appeal is taken. No question is made in the cause except those arising upon the refusal of the court to give certain instructions asked, and the sufficiency of the evidence to sustain the verdict. We insert an abstract of the testimony of witnesses for the plaintiff, taken from the brief of counsel for the appellant, showing the main scope of the plaintiff's case as shown by his own witnesses: "The plaintiff testified that, on the night in question, he went to the ticket office at Union Depot, and asked for two tickets 'to Columbus'- one for himself and one for Mr. Schloss-and was answered, 'we have no tickets for Columbus;' I think it was Mr. Miller of whom I asked tickets; am not certain; think it was one of the oldest men. He then, with his companions, Schloss and Schrible, got aboard of the train; and when about three miles out from Indianapolis, conductor called on him for his fare or ticket; witness offered him, and told him that he called for a ticket at the ticket office at Indianapolis, and could not get one; the conductor demanded two dollars and ten cents as the proper fare, and said he would have to put plaintiff off the train if he did not pay that sum, that such was the rule; witness said that if that was the rule, and he would enforce it, he (witness) would stand by his rule and pay only one dollar and ninety-five cents, and he offered it to him the second time; the conductor then went forward and returned with four or five or six men, and spoke to witness in a loud voice, took witness by the shoulder and told him to get off; he was put off; Schrible asked conductor if he was not going to take them to the next station; conductor said no, he was going to put them off right there; witness did not ask con The Jeffersonville Railroad Company v. Rogers. ductor to put him off; witness and his companions were put off about three miles south of Indianapolis; it was a moonlight night; they walked three miles to Southport, the next station, and there failed to get lodging, and walked on to Greenwood, four miles further, where they got hotel accommodations, for which witness paid seventy-five cents; he arrived at Columbus next day, about half-past ten o'clock in the forenoon; the manner of the conductor was very insulting; he took me by the arm; he was angry; those that he called did not act roughly; one of them said I had better get off; witness refused to pay the additional fare, because he would not be imposed upon; he was a lawyer; his partner was absent from Columbus, and he had two cases to attend to the next day, before the county commissioners. The witness is silent as to whether his business was neglected or suffered on account of his absence. "Cross examined. Asked for tickets to Columbus in ordinary tone, and he replied 'no tickets for Columbus;' there was a crowd at the window when I asked for the tickets; do not know that I said Columbus, Indiana; I suppose they sold tickets for Columbus, Ohio; I do not know who it was that came in with the conductor; I did not know one of them, but thought they were brakemen, as they seemed to have the peculiarities of brakemen; when we went out on the platform, the conductor stepped down on the ground and said for me to get off; I said they could push or pull me off; that I did not want to get off; and he said he would show me; but I got off without being pushed or pulled. "Re-examined. There was no arrangement between witness, Schrible, and Schloss not to pay fare; but I stated to conductor that if put off I would sue the company; and after I was put off, Schrible said, 'now Rogers, if you do not prosecute the suit, you do not have the grit I thought you had.' Before I got on the cars that evening, I understood that the fare, when paid on the cars, was two dollars The Jeffersonville Railroad Company v. Rogers. and ten cents to Columbus, and I acted upon that understanding. "Moses A. Schloss testified, in substance, as follows: I was with plaintiff about the 6th of March; was at ticket office, and plaintiff asked for two tickets for Columbus, and the agent said he had no tickets to Columbus; we went three or four miles, and the conductor came and asked plaintiff for his ticket; plaintiff offered him one dollar and ninety-five cents; conductor said the fare was two dollars and ten cents; plaintiff said he had tried to get a ticket, but could not; conductor said if he had got a ticket it would have cost one dollar and ninety-five cents, but on the cars the fare was two dollars and ten cents, and said if plaintiff did not pay he would put him off; the conductor then went through the car and collected fare and tickets from some others, and came back with some two or three with him and asked plaintiff if he was ready to pay him; plaintiff offered him the one dollar and ninety-five cents-that he would not pay any more, as he had tried to get a ticket; conductor rang the bell, and said plaintiff was not a gentleman; he took hold of plaintiff by the arm, outside the door; plaintiff said he could push him off; some one pushed plaintiff off; don't know who; Schrible offered him a two dollar bill; one or two were with him in the cars; some were outside, and some one pushed him (plaintiff) off; don't know whether conductor did go in advance of us; he put his arm around us and pushed or pulled us out; do not know who went out first; think plaintiff did; I got out on one side and Schrible on the other; when we got on cars, plaintiff said, 'Schrible, I could not get a ticket;' and Schrible said, 'the conductor will ask ten or fifteen cents more;' and plaintiff said that he would not pay it-that he would be put off the cars first, but he thought the conductor would not charge more; we did not think we would be put off, but I and Schrible said we would not leave him in the woods-that we would do whatever he would do; Schrible said it would cost more, just after we went into the cars, and about the time they started. The Jeffersonville Railroad Company v. Rogers. "Jacob M. Schrible-Did not apply for a ticket; conductor came in and asked plaintiff and witness for tickets; witness handed conductor two dollars and told him he wanted to get off at Lowell, and conductor asked him for ten cents more; witness said he was strapped; conductor returned the two dollars and said he would put us off; and witness said, 'go slow, wait till we get to a station;' and he said, 'yes, just here;' Rogers offered him one dollar and ninety-five cents and told him that he had applied for a ticket and could not get one; conductor took plaintiff by the arm, and witness said, 'you had better go slow;' we went out; conductor got off, and plaintiff said, 'you must take hold of my hand and help me off,' or something to that effect; thinks the conductor did not touch him after they got out of the car; some men came up to us with the conductor the last time he came to us; does not know that plaintiff said he wanted to stay on; some one was near and behind plaintiff, and, I thought, eased him down; they were put off three or four miles south of Indianapolis about midnight, and travelled to Greenwood before they could find a place to stay; it rained before they got to Greenwood; did not agree to be put off; offered two dollars; the conductor told us the fare to Columbus was two dollars and ten cents; I offered the two dollars to Lowell, and intended to go there, and not to Columbus; he said the train did not stop at Lowell; I said, 'if my friends get off, I will get off with them, but I would rather pay, and would go with them;' they just said they would come on to Columbus, but I did not intend to." The court gave the following instructions to the jury: "First. The plaintiff in this action complains of the defendant, and alleges that the defendant, by her agents, wrongfully expelled the plaintiff from her train of cars en route from Indianapolis to Columbus, and thence to Jeffersonville, and claims damages for the wrongful act of her agents. The defendant answers, denying the allegations of the complaint. The effect of this general denial is to require the |