Smith v. Pullman Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Noto. A. D. Burnes, Judge. 1. The plaintiff seeks to recover here upon the theory that she actually entered the car in which she had obtained a reservation and was wrongfully refused permission to occupy it; the evidence for plaintiff and defendant shows without contradiction that the plaintiff did not enter the car on which her reservation had been made nor did she apply for it to the conductor who had it in charge; this being so she…
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Appeal from Clinton Circuit Court. — Noto. A. D. Burnes, Judge. 1. The plaintiff seeks to recover here upon the theory that she actually entered the car in which she had obtained a reservation and was wrongfully refused permission to occupy it; the evidence for plaintiff and defendant shows without contradiction that the plaintiff did not enter the car on which her reservation had been made nor did she apply for it to the conductor who had it in charge; this being so she cannot recover in this action and the judgment should be reversed. Yall v. Gillham, 187 Mo. 408, 409, and cases there…
1Opinion of the CourtJohnson, J.
— This action is for damages which plaintiff alleges she sustained in consequence of the refusal of defendant to permit her to occupy space reserved for her use in a sleeping car. The suit was brought against the Pullman Company and the Chicago, Rock Island & Pacific Railway Company, but during the trial, the railway company was dismissed. Verdict and judgment were for plaintiff against the remaining defendant, the Pullman Company, in the sum of $500, and the cause is here on the appeal of defendant from that judgment.
Facts disclosed by the evidence introduced by plaintiff thus may be stated:…
2Cases cited4 opinions
- Pullman Palace Car Co. v. A. A. Nelson & WifeCourt of Appeals of Texas · 1899
- Crutcher v. Big FourMissouri Court of Appeals · 1908
- Heiberger v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1908
- Cin. N. O. & T. P. Ry. Co. v. RaineCourt of Appeals of Kentucky · 1908
3Cited by6 opinions
- McCardle v. George B. Peck Dry Goods Co.Supreme Court of Missouri · 1917
- Brisboise v. Kansas City Public Service Co.Supreme Court of Missouri · 1957
- Robertson v. Security Benefit Assn.Supreme Court of Missouri · 1938
- Steckman v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1914
- Gosney v. San Francisco & Portland Steamship Co.Missouri Court of Appeals · 1914
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