Pennsylvania Railroad v. Spicker
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July term, 1883, No. 152. This was an action on the case, by Mark Spicker against the Pennsylvania Railroad Company, to recover damages for an alleged illegal expulsion from a railway train.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July term, 1883, No. 152. This was an action on the case, by Mark Spicker against the Pennsylvania Railroad Company, to recover damages for an alleged illegal expulsion from a railway train. On the trial, before Biddle, J., the following facts appeared: In August, 1879, tlae plaintiff purchased at the office of the Pennsylvania Railroad Company, in Williams-port, Pa., a railroad excursion ticket, for one first class passage from Williamsport to Philadelphia and return, on which he travelled to Philadelphia. He did not use…
1Opinion of the CourtJustice Sterrett
' It was incumbent on the plaintiff below to prove that he was entitled to a seat in the car on which he was travelling at the time he was forcibly removed therefrom; and, that the conductor, who was in charge'of the train and by whom he was ejected from the car, was then an employee of the Penn-' sylvania Railroad Company, acting within the general scope of his authority as such conductor. If these facts were established to the satisfaction of the juiy, and nothing was shown to justify the action of the conductor, it necessarily followed that a trespass was committed for which the company…
2Cited by3 opinions
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- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897