Ferguson v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) Where, under the regulations of the railroad company, the passenger is placed in a situation needing explanation as between himself and the conductor, it is the duty of the passenger to give the needed explanation and if he does so truthfully it will be at the risk of the carrier if the explanation is not accepted. Cleveland Ry. Co. v. Kinsley, 27 Ind. App. 135, 87 Am.
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Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) Where, under the regulations of the railroad company, the passenger is placed in a situation needing explanation as between himself and the conductor, it is the duty of the passenger to give the needed explanation and if he does so truthfully it will be at the risk of the carrier if the explanation is not accepted. Cleveland Ry. Co. v. Kinsley, 27 Ind. App. 135, 87 Am. St. Rep. 245; Alabama, etc., Co. v. Drummond, 73 Miss. 813; Alabama, etc., Co. v; Holmes, 75 Miss. 371; O’Rouke v. Railroad, 103 Tenn. 124, 76 Am. St. Rep.…
1Opinion of the CourtNixon, P. J.
I. At the trial of this case, as we have seen from the statement, upon the conclusion of the evidence for the plaintiff, the trial court arrested the further progress of the trial of the case and sustained a demurrer to plaintiff’s evidence.
Section 1071, R. S. 1899, provides:
“Ejection of Passengers, when lawful. — If any passenger shall refuse to pay his fare, or shall behave in an offensive manner, or be guilty of repeated violations of the rules of the company, it shall be lawful for the conductor of the train and the servants of the corporation to put him and his baggage out of the cars,…
2Cases cited16 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Hufford v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
- Pennsylvania Co. v. BrayIndiana Supreme Court · 1890
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
- Philadelphia, Wilmington & Baltimore Railroad v. RiceCourt of Appeals of Maryland · 1885
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3Cited by1 opinion
- Hollis v. Kansas City Light & Power Co.Missouri Court of Appeals · 1920