Cross v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. (1J A railroad company has a right to make rules designating what freight trains running on its line shall carry passengers, and that persons intending to take passage on such freight trains must first procure tickets before entering the freight trains which are allowed by the rules of the company to carry passengers. 2 Wood’s Railway Law, sec. 351; 2 Beach on Law of Railways 861; Jones v. Railroad, 17 Mo.
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Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. (1J A railroad company has a right to make rules designating what freight trains running on its line shall carry passengers, and that persons intending to take passage on such freight trains must first procure tickets before entering the freight trains which are allowed by the rules of the company to carry passengers. 2 Wood’s Railway Law, sec. 351; 2 Beach on Law of Railways 861; Jones v. Railroad, 17 Mo. App. 158; Eaton v. Railroad, 57 N. Y. 382; Railroad v. Flagg, 43 111. 364; Railroad v. Bartram, 11 Ohio St. 457; Laiv v.…
1Opinion of the CourtBiggs, J.
— On the sixteenth day of April, 1891, the plaintiff was ejected from one of the defendant’s local freight trains. He has brought this action for damages on account of it.
The substance of the charge in the petition is, that the defendant was in the habit of carrying passengers on its local freight trains; that, on the day mentioned, the plaintiff went. to the defendant’s depot at the station at -Norwood on the defendant’s line of road to *667purchase a ticket, and to take passage on one of the defendant’s local freight trains to Mansfield, another station on the defendant’s road, but that the…
2Cases cited16 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
- St. Louis & South-Eastern Railway Co. v. MyrtleIndiana Supreme Court · 1875
- Chicago, Burlington & Quincy Railroad v. ParksIllinois Supreme Court · 1857
- Dunn v. Grand Trunk Railway Co. of CanadaSupreme Judicial Court of Maine · 1870
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3Cited by3 opinions
- Gardner v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Cathey v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Dahline v. City of SeattleWashington Supreme Court · 1931