Chicago & Eastern Illinois Railroad v. Conley

This action was instituted by the appellee to recover damages for the wrongful act of the appellant’s servant, in refusing to accept a genuine ticket from appellee, and requiring him to pay extra fare to avoid being ejected from appellant’s train. The cause was put at issue and tried by the court upon an agreed statement' of facts.

The court made a special finding of facts and stated its conclusions of law thereon. Over appellant’s exception to the conclusion of law and its motion for a new trial the court rendered judgment for the appellee.

The appellant appeals, assigning as errors:

First. The…