Yorton v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action for an alleged illegal ejection of tbe plaintiff from one of defendant’s trains, upon wbicb be was riding as a passenger. The grounds of tbe action and of tbe defense, and the errors alleged by the appellant, will sufficiently appear from tbe opinion. Tbe plaintiff bad a verdict for $1,000 damages; a new trial was refused; and defendant appealed from a judgment on tbe verdict.
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APPEAL from tbe County Court of Milwaukee County. Action for an alleged illegal ejection of tbe plaintiff from one of defendant’s trains, upon wbicb be was riding as a passenger. The grounds of tbe action and of tbe defense, and the errors alleged by the appellant, will sufficiently appear from tbe opinion. Tbe plaintiff bad a verdict for $1,000 damages; a new trial was refused; and defendant appealed from a judgment on tbe verdict. To tbe point that plaintiff was^entitled to bis passage to Oshkosh upon the train from wbicb he was ejected, that bis ejection was therefore unlawful, and that…
1Opinion of the CourtCole, C. J.
It is an admitted fact that the plaintiff purchased a ticket at Marion for transportation over the defendr ant’s road to Oshkosh, and took the train at the former place. For the purposes of this appeal, it is assumed that he- delivered that ticket to the first conductor, Sherman, and , asked for a stop-over ticket at Clintonville, an intermediate station, and that through the fault or mistake of the conductor he received a trip or train check instead of a stop-over ticket, which jhe asked for, and which the conductor undertook to give him. It may further be assumed that he was not bound to…
2Cases cited8 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Chicago, Burlington & Quincy R. R. v. GriffinIllinois Supreme Court · 1873
- Shelton v. Lake Shore & Michigan Southern Railway Co.Ohio Supreme Court · 1876
- McClure v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
- Hufford v. Grand Rapids & Indiana Ry. Co.Michigan Supreme Court · 1884
- Chicago, St. Louis & Pittsburgh Railroad v. BillsIndiana Supreme Court · 1889
- Murdock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1884
- McKay v. Ohio River RailroadWest Virginia Supreme Court · 1890
25 more not listed; retrieve them via the Exa API.