Braun v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,000 damages for the ejection of plaintiff and his infant son from defendant’s train. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $200. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. If defendant contracted to carry plaintiff’s son, the expulsion of the boy was wrongful.
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Action in the district court for Ramsey county to recover $2,000 damages for the ejection of plaintiff and his infant son from defendant’s train. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $200. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. If defendant contracted to carry plaintiff’s son, the expulsion of the boy was wrongful. If no contract was made, inasmuch as fare was neither paid, tendered, nor intended to be paid, defendant had a right to eject the boy, as it did,…
1Opinion of the CourtBrown, J.
This action is one to recover damages for the alleged wrongful expulsion of plaintiff and his infant son from one of defendant’s *407passenger trains on August 7, 1898. The facts are as follows: On August 5,1898, plaintiff applied to a railroad ticket agent at Cleveland, Ohio, for through railroad tickets from that city to Hebron, -in the state of North Dakota, for himself, wife, four children, and two adult persons, not members of his family. What occurred between him and the ticket agent is best disclosed by the evidence, as follows:
“Q. Well, did you have any talk with this man before you…
2Cases cited10 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HoeflichCourt of Appeals of Maryland · 1884
- Gregory v. WendellMichigan Supreme Court · 1878
- Merchants' National Bank of Whitehall v. HallNew York Court of Appeals · 1881
- Smith v. PotterMichigan Supreme Court · 1881
- Downey v. HendrieMichigan Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Elliott v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1969
- Phelps v. City of MinneapolisSupreme Court of Minnesota · 1928
- Taylor v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1907
- Casteel v. American Airways, Inc.Court of Appeals of Kentucky (pre-1976) · 1935
- Chicago, Milwaukee & St. Paul Railway Co. v. KelmSupreme Court of Minnesota · 1913
3 more not listed; retrieve them via the Exa API.