In an instruction given at the instance of plaintiff, the court told the jury in substance, that if they found that on the day named defendant was operating the railroad between Leachville in Arkansas and Gideon in Missouri; that plaintiff on that date purchased a ticket from the agent of defendant at Leachville “entitling him to continuous passage to the station of Gideon in the state of Missouri”; that defendant had two routes of railroad from Leachville to Gideon; that the only way to make a continuous passage without stopping was going by way of Hayti and from there to Brooks Junction and from Brooks Junction to Gideon; that plaintiff, prior to the time complained of had made the trip over defendant’s railroad by the route above mentioned on a similar ticket to that purchased on that date; and if they believed and found from the evidence that on that date plaintiff was in possession of the ticket above mentioned and offered the ticket to the conductor of defendant’s train for his transportation over the route; and if they believed and found from the evidence that the conductor of the defendant refused to accept the ticket from plaintiff and refused to carry plaintiff to his destination on the ticket but stopped his train about a mile and a half east of Kennett and forced plaintiff to alight therefrom and treated him in an abusive, insulting, angry and threatening manner; and if the jury found from the evidence that the acts of defendant’s conductor subjected plaintiff to pain, humiliation and mortification, plaintiff was entitled to recover therefor such damages as the jury might believe from the evidence will compensate plaintiff for such pain, humiliation and mortification so suffered.
And if the jury found from the evidence that such acts were done by defendant’s conductor with unnecessary violence, or with abusive or insulting language, then the jury should further assess damages against the defendant in such sum as the jury may believe from the evidence will be a suitable punishment to defendant for such wrongful acts, and such damages should be separately stated in your verdict.
