Hot Springs Railroad v. Deloney
Supreme Court of Arkansas
Appeal from Saline Circuit Court. Alexander M. Dueeie, Judge. Actions ex delicto and ex contractu cannot be joined. Sand. & H. Dig., § 5703; Newman’s Plead. & Pract. 167; 33 Ark. 316; 58 Ark. 136; Bliss’ Code Plead. (2 Ed.) §§ 129, 130. The action is in tort. 58 Ark. 138; 34 W. Ya. 65. A passenger’s ticket is conclusive evidence, to the conductor, of his right to ride.
Read the full summary
Appeal from Saline Circuit Court. Alexander M. Dueeie, Judge. Actions ex delicto and ex contractu cannot be joined. Sand. & H. Dig., § 5703; Newman’s Plead. & Pract. 167; 33 Ark. 316; 58 Ark. 136; Bliss’ Code Plead. (2 Ed.) §§ 129, 130. The action is in tort. 58 Ark. 138; 34 W. Ya. 65. A passenger’s ticket is conclusive evidence, to the conductor, of his right to ride. If the ticket, on its face, does not entitle him to ride, and he refuses to pay his fare, the conductor is justified in putting him off. . 34 W. Ya. 95; 14 Lea, 128; 21 Ore. 121; 52 Fed. 197; 127 U. S. 396;'23 Fed. 328; 37…
1Opinion of the CourtBunn, C. J.
This is a suit for damages for being expelled from defendant’s passenger coach. Damages laid at $2,500. Judgment for $400, and defendant appealed, because of errors in giving and refusing instructions, and in the admission of improper testimony, and because the verdict is- contrary to law and testimony, and is excessive.
The complaint, in substance, states that the plaintiff purchased two passenger tickets for passage of himself and brother from Hot Springs to Atkins, in this state, paying the full and regular price therefor, from the defendant’s ticket agent at Hot Springs, who had authority…
2Cases cited22 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
- Smith v. Southern Ry.Supreme Court of South Carolina · 1911
- Olson v. Northern Pacific Railway Co.Washington Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.