B. & M. R. R. v. Rose
Nebraska Supreme Court
Error to the district court of Otoe county. It was an action brought by Rose for the recovery of damages alleged to have been sustained by him in consequence of his removal from a train of the B. & M. R. R. Co. The plaintiff in his petition alleged that the weather was exceedingly warm at the time, and that he was ill, which fact was known to the conductor, and that he was willing and offered to pay a reasonable compensation to the conductor in charge of the train, and that…
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Error to the district court of Otoe county. It was an action brought by Rose for the recovery of damages alleged to have been sustained by him in consequence of his removal from a train of the B. & M. R. R. Co. The plaintiff in his petition alleged that the weather was exceedingly warm at the time, and that he was ill, which fact was known to the conductor, and that he was willing and offered to pay a reasonable compensation to the conductor in charge of the train, and that the conductor removed him and he was compelled to walk to "Waverly, the nearest station to where he was removed, and…
1Opinion of the CourtLake, J.
The only questions to be considered in this case were raised b^ certain of the instructions given to the jury.
It appears . on the twenty-first day of July, 1879, the defendant in error (plaintiff below), desiring to go from Waverly, in Lancaster county, to Lincoln, went upon one of the freight trains of the plaintiff in error, provided with what is called a caboose car, for that purpose, from which he was ejected by the conductor *180of the. train, a short distance out of Waverly, for the-reason that he had not provided himself with a ticket, as a rule or regulation of the company then in force…
2Cases cited3 opinions
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
- Illinois Central Railroad v. SuttonIllinois Supreme Court · 1870
- Law v. Illinois Central RailroadSupreme Court of Iowa · 1871
3Cited by4 opinions
- Thomas v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1888
- Chicago, Burlington & Quincy Railway Co. v. MannNebraska Supreme Court · 1907
- Reed v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1909
- Cross v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894