Ervin v. Burke

The opinion of the court was delivered by

Garrison, J.

The declaration avers that the plaintiff while engaged in his duty as a conductor of a street railway ear was assaulted by the defendants, Burke and Harding, dragged from his car and imprisoned. A special plea filed by the defendant Plarding alleges that he was at the time of the alleged ■assault a city policeman on duty and while lawfully riding on the car in question was forcibly ejected for refusal to pay the fi-vc cents fare demanded of him by the plaintiff and that he thereupon took the plaintiff into custody in order to convey him…