Legal Opinion

Cowen v. Winters

Court of Appeals for the Sixth Circuit

Decided October 3, 1899No. 692PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the Northern District of Ohio. This is an action in tort against a railroad company by a person who, after taking passage, was forcibly ejected from a passenger train by the conductor. There was a judgment in favor of the plaintiff below for $1,000 (90 Fed. 99). from which the railroad company has sued out this writ of error.

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In Error to the Circuit Court of the United States for the Northern District of Ohio. This is an action in tort against a railroad company by a person who, after taking passage, was forcibly ejected from a passenger train by the conductor. There was a judgment in favor of the plaintiff below for $1,000 (90 Fed. 99). from which the railroad company has sued out this writ of error. The facts of the case were practically undisputed, and were substantially these: The Cin cinnati, Jackson & Mackinaw Railroad Company sold to the plaintiff below a certain mileage ticket, which purported on its face…

1Opinion of the CourtLurton, Circuit Judge

There was no error in directing a verdict for the plaintiff below. The Cincinnati, Jackson & Mackinaw Railroad Company was the authorized agent of the Baltimore & Ohio Railroad Company in selling the ticket presented by Winters as good for passage over the Baltimore & Ohio Railroad. As an excuse for the repudiation of this ticket, the plaintiff in error shows that on July 81, 1897, it was notified by the said Cincinnati, Jackson & Mackinaw Railroad Company that one of its agents had .wrongfully sold a batch of mileage tickets good over the lines of the Baltimore & Ohio Railroad Company, upon…

2Cases cited10 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  2. Scott v. DonaldSupreme Court of the United States · 1897
  3. Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
  4. New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
  5. Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Smith v. WadeSupreme Court of the United States · 1983
  2. H.N. Dang v. Gilbert CrossCourt of Appeals for the Ninth Circuit · 2005
  3. Wills v. Trans World Airlines, Inc.District Court, S.D. California · 1961
  4. Anne P. Kozar, Administratrix of the Estate of John P. Kozar, Deceased v. The Chesapeake and Ohio Railway CompanyCourt of Appeals for the Sixth Circuit · 1971
  5. Kozar v. Chesapeake and Ohio Railway CompanyDistrict Court, W.D. Michigan · 1970

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