Gates v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Ho». Nat M. Shelton•, Judge. (1) The trial court erred in instructing the jury that they could find for the plaintiff even though he was properly ejected, if they further found that he was ejected with unnecessary force or at an unsafe and dangerous place.
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Appeal from Adair Circuit Court. — Ho». Nat M. Shelton•, Judge. (1) The trial court erred in instructing the jury that they could find for the plaintiff even though he was properly ejected, if they further found that he was ejected with unnecessary force or at an unsafe and dangerous place. Logan v. Railroad, 77 Mo. 663; Johnson v. Railroad, 46 N. H. 213. ' (2) The trial court erred in refusing to instruct the jury as asked by defendant in its instruction number 8 that if plaintiff entered the train with the intention to ride without paying his fare he did not become a passenger, and the…
1Opinion of the CourtEllison, J.
The plaintiff was pnt off of one of defendant’s trains by the conductor and brakeman and claim's to have been injured. The verdict was for five-hundred dollars compensatory damages. Punitive damages were not allowed.
The evidence in plaintiff’s behalf showed that while under the influence of iiquor he boarded defendant’s passenger train at Greencastle intending to go to a station called Stahl, the distance being only a few miles. That the conductor called upon him for his fare and that he had neither money nor ticket. That he made a show of trying to find money or ticket in his pockets and not…
2Cases cited10 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
- Higley v. GilmerMontana Supreme Court · 1878
- Gilbert v. NagleMassachusetts Supreme Judicial Court · 1875
- Hoffbauer v. D. & N. W. R.Supreme Court of Iowa · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Fleming v. City of SeattleWashington Supreme Court · 1954
- Kirk v. Seattle Electric Co.Washington Supreme Court · 1910
- Fornoff v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
- Harkless v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.