Perkins v. Mo., K. & T. R. R.
Supreme Court of Missouri
Appeal from Henry Circuit Court. I. After plaintiff had refused to pay the regular fare, the defendant was under no obligation to transport him further, but had the right to eject him from the cars; and anjr subsequent offer to pay the fare did not affect this right. (O’Brien vs. Boston & Worcester E. E. Co., 15 Gray, 20.) II.
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Appeal from Henry Circuit Court. I. After plaintiff had refused to pay the regular fare, the defendant was under no obligation to transport him further, but had the right to eject him from the cars; and anjr subsequent offer to pay the fare did not affect this right. (O’Brien vs. Boston & Worcester E. E. Co., 15 Gray, 20.) II. The court below erred in permitting the witness, Carr, to state, against defendant’s objections, what passed between witness and the station agent, Berry, about there being no time to get tickets. There was no such issne in the pleadings, and the admission of this…
1Opinion of the Court
Voríes, Judgej
delivered the opinion of the court.
This suit was brought by the plaintiff to recover damar ges for injuries charged to have been sustained by plaintiff, by the acts of the agents conducting a train of cars of the defendant, in wrongfully ejecting plaintiff from the cars of defendant when he was a passenger thereon. The petition in substance charges, that the defendant is a corporation organized under the laws of this State, and is the owner of a railroad with locomotives and cars thereon, by which it conveys passengers for hire; that on the 11th day of July, 1871, plaintiff got…
2Cases cited3 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Kline v. Cent. Pac. R.R.California Supreme Court · 1869
- McKeon v. Citizens' Railway Co.Supreme Court of Missouri · 1867
3Cited by30 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Stoher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
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