A writ of certiorari will be dismissed if the case as relied on
by the petitioner in argument is not the case as presented in the
petition for the writ.
Writ of certiorari dismissed.
Page 266 U. S. 183
Certiorari to review a judgment of the Supreme Court of South
Carolina which sustained a judgment against the Director General of
Railroads for damages alleged to have resulted to the plaintiff
from the refusal of a railway gateman to allow him access to a
train, accompanied by abusive language, etc.
MR. JUSTICE McREYNOLDS delivered the opinion of the Court.
This writ must be dismissed. The petition therefor declared: the
sole question presented is:
"Can damages for humiliation and wounded feelings be awarded the
respondent against the petitioner, the United States Railroad
Administration, under the provisions of the Federal Control Act,
the proclamations of the President, and the general orders of the
Director General pursuant thereto?"
At the hearing ,counsel relied on the following:
"The judgment against the Director General of Railroads for
wounded feelings and humiliation arising out of a wanton, willful,
and malicious act of his servant is unauthorized, involving,
essentially, the infliction of a penalty upon the government."
The argument was that, although the trial court distinctly
limited the jury to actual damages, nevertheless it necessarily
follows from the size of the verdict that punitive damages were
assessed against and a penalty was imposed upon the United
States.
The petition did not state the case presented at the bar.
Dismissed.