Hotzel v. Simmons

The following are the pertinent facts: On Sunday, October 26, 1947, plaintiff purchased from defendant Railroad Company at its station at Crivitz, Wisconsin, a ticket entitling him to passage to Iron Mountain, Michigan. At about 6 p.m. he boarded one of defendant’s trains. Plaintiff’s ticket was taken up in the smoking car of the train by conductor Schmitz, one of defendants. Plaintiff inquired of Schmitz as to the availability of food on the train and was directed to the dining car. Plaintiff went to the dining car and ordered and consumed two bottles of beer for which he paid. He then…