Callaway v. Mellett

Concurring Opinion.

Davis, C. J.

I concur in the result, but not in all the reasoning of Judge Boss.

In their brief, counsel for appellant say this is an action to recover “damages for alleged unlawful expulsion from a passenger train.”

A trial by a jury resulted in a judgment in favor of appellee, for $500.00.

The only error relied on in this court, is the overruling of appellant’s motion for a new trial.

Counsel for appellant say: “The general scope and character of the complaint is that of tort.” The allegations, counsel for appellant insist, “clearly indicate the intention to recover for a…