Legal Opinion

Church v. Chicago M. & St. P. Ry. Co.

South Dakota Supreme Court

Decided November 19, 1894Published

Appeal from circuit court, Sanborn county. Hon. D. Haney, Judge. Action for wrongfully ejecting plaintiff’s wife from defendant’s train, and for expenses and loss of services arising therefrom. Prom a judgment entered on a verdict for plaintiff, defendant appeals. The facts are stated in the opinion.

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Appeal from circuit court, Sanborn county. Hon. D. Haney, Judge. Action for wrongfully ejecting plaintiff’s wife from defendant’s train, and for expenses and loss of services arising therefrom. Prom a judgment entered on a verdict for plaintiff, defendant appeals. The facts are stated in the opinion. ( Wlaen a ticket is purchased giving the right of passage from one station to another, the contract is to carry from that station to the other by the established route. ' Bennett v.- Railroad, 69 N. Y. 42; Platt v. Railroad, 63 Wis. 511; Blanchard v. Railroad, 9 Am. & Eng. Railroad Oases 307; Ad…

1Opinion of the CourtKellam, J.

This action was brought by respondent against appellant to recover damages on account of expense *237incurred, and loss of services of his wife, Julia A. Church, whom he alleges was lawfully on one of appellant’s trains, and was wrongfully ejected therefrom. Respondent and his wife resided in the town of Artesian, in this state, a station on an east and west line of appellant’s road. In September, 1889, having been for several months in the state of Michigan, she desired to return to Artesian. Her husband procured and had sent to her the return coupon of a Grand Army excursion ticket, both…

2Cases cited3 opinions

  1. Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
  2. Plott v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
  3. Bennett v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877

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