Legal Opinion

Chicago & Alton Railroad v. Roberts

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 6 opinions

Appeal from the Circuit Court of Cook county; Hon. E. S. Williams, Judge, presiding. This was an action in the case brought by the appellee in the court below against the appellant for ejecting him from the ears at a place other than a regular station. It appears that the appellee purchased a ticket to Bridgeport, getting on the ears at Chicago. The train stopped at Bridgeport, and the station was publicly called in the cars. Appellee did not get off.

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Appeal from the Circuit Court of Cook county; Hon. E. S. Williams, Judge, presiding. This was an action in the case brought by the appellee in the court below against the appellant for ejecting him from the ears at a place other than a regular station. It appears that the appellee purchased a ticket to Bridgeport, getting on the ears at Chicago. The train stopped at Bridgeport, and the station was publicly called in the cars. Appellee did not get off. After leaving Bridgeport, the conductor asked him for his fare to the next station, called Summit, which the appellee refused to pay; whereupon…

1Opinion of the Court

Hr. Justice Lawrence

delivered the opinion of the Court:

In the case of the Terre Haute, Alton & St. Louis R. R. Co. v. Vanatta, 21 Ill. 188, this court said:

“ When a passenger refuses to pay the fare required by the tariff of the railroad company, he may be ejected from the cars at any regular station, but not elsewhere. The defendant not having paid or offered to pay his fare, was liable to be ejected from the ears at any regular station; but the company became liable for the injury they inflicted upon him, by putting him off at a different point notwithstanding his first wrong. If he were…

2Cases cited1 opinion

  1. Terre Haute, Alton & St. Louis Railroad v. VanattaIllinois Supreme Court · 1859

3Cited by6 opinions

  1. Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
  2. Chicago & Northwestern Railway Co. v. ChisholmIllinois Supreme Court · 1875
  3. Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
  4. Chicago, Burlington & Quincy Railroad v. WilsonAppellate Court of Illinois · 1887
  5. Malott v. WoodsAppellate Court of Illinois · 1903

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