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This section contains the nature of the case and procedural background.

Jones (P) arrived at the train station waiting room 45 minutes before departure. She laid her bundles down with the intent to purchase a train ticket. She left and went across the street only to find upon her return that her bundles had been thrown out of the waiting room. She inquired about her property and was told by the station agent’s wife, who was at the ticket window, that she cared nothing about them, nor about P and that she knew nothing about them. The wife then ranted on about P being indecent, undressing before men and stealing her scissors. Pacific’s (D) agent was in the ticket office with his wife just a few feet away and could hear everything, but the agent did nothing to protect P. The agent saw his wife throw the bundles out the window. P was humiliated and incurred severe headaches was sick and cried. P sued D, and the jury awarded her $450. D appealed.

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