Chase v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Error from Jefferson district court; Marshall Gephart, judge. STATEMENT. This was an action brought by plaintiff in error, who was plaintiff below, against the Atchison, Topeka & Santa Fe Railway Company to recover damages for ejection from one of its trains while she was on her way from Pittsburg, Kan., to Chicago.
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Error from Jefferson district court; Marshall Gephart, judge. STATEMENT. This was an action brought by plaintiff in error, who was plaintiff below, against the Atchison, Topeka & Santa Fe Railway Company to recover damages for ejection from one of its trains while she was on her way from Pittsburg, Kan., to Chicago. Plaintiff in error bought a ticket at Madison, Wis., for passage from that city to Pittsburg, Kan., and return, over the line of the Chicago & Northwestern Railway to Chicago, and from Chicago to Pittsburg, Kan., over the line of defendant in error. On arriving at Chicago from…
1Opinion of the Court
*553The opinion of the court was delivered by
William R. Smith, J.:
The ruling of the court below in sustaining a demurrer to the evidence is defended by counsel for the railway company on the ground that the cause of action set out in the petition was not for the breach of a contract of carriage, but for a tort only. They rely on decisions of this and other courts which hold that a person traveling on a railway-train without a ticket entitling him to ride may be regarded by the conductor as a trespasser, and may be ejected, no unnecessary force being used, without any liability on the part of the…
2Cases cited16 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Seaton v. ScovillSupreme Court of Kansas · 1877
- Central Railroad v. Pickett & BlairSupreme Court of Georgia · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ablah v. EymanSupreme Court of Kansas · 1961
- Douglass v. LoftusSupreme Court of Kansas · 1911
- Twichell v. HetzelSupreme Court of Kansas · 1937
- Cockrell v. HendersonSupreme Court of Kansas · 1909
- Robert Burgess & Son v. AlcornSupreme Court of Kansas · 1907
4 more not listed; retrieve them via the Exa API.