Phettiplace v. Northern Pacific Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. Plaintiff was a passenger on a train of cars run by the defendant company on its railway, and was expelled therefrom because of his alleged refusal to pay his fare. This action is to recover damages for such expulsion. The plaintiff purchased a ticket at the city of Superior for passage on defendant’s railway from that point to Pike Lake, a station on the same railway east of Superior.
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APPEAL from the Circuit Court for Douglas County. Plaintiff was a passenger on a train of cars run by the defendant company on its railway, and was expelled therefrom because of his alleged refusal to pay his fare. This action is to recover damages for such expulsion. The plaintiff purchased a ticket at the city of Superior for passage on defendant’s railway from that point to Pike Lake, a station on the same railway east of Superior. He went upon a passenger train and commenced his journey. Before reaching Pike Lake he concluded to go on to Topside, a station about two. miles east of Pike…
1Opinion of the Court
Lyok, 0. J.
The court properly directed a verdict for plaintiff, for two reasons: (1) The plaintiff was expelled from the cars away from a usual stopping place, and not near a dwelling house. Sec. 1818, R. S., provides that, “ if any passenger shall refuse to pay his fare, it shall be lawful for the conductor of the train and the servants of the corporation to put him and his baggage off the cars, on stopping the cars and using no unnecessary force, at any usual stopping place, or near any dwelling house, as the conductor shall elect.” We are of the opinion that by necessary implication this…
2Cases cited3 opinions
- Toledo, Wabash & Western R. W. Co. v. WrightIndiana Supreme Court · 1879
- Wightman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Patry v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1890
3Cited by8 opinions
- Masterson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Boehm v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
- Hart v. West Side RailroadWisconsin Supreme Court · 1893
- Kennedy v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1902
- Brown v. Terre Haute, Indianapolis & Eastern Traction Co.Indiana Court of Appeals · 1915
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