Legal Opinion

Kansas City, Memphis & Birmingham Railroad v. Riley

Mississippi Supreme Court

Decided April 15, 1891PublishedCited by 15 opinions

From the circuit court of Lee county. Hon. Lock E. Houston, Judge. Action for damages against the railroad company for ejecting appellee from a train.

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From the circuit court of Lee county. Hon. Lock E. Houston, Judge. Action for damages against the railroad company for ejecting appellee from a train. On the trial of the case, at the instance of plaintiff, the court gave the following instructions:— “ 1. If the jury believe from the evidence that the plaintiff procured a round-trip ticket from Myrtle to Blue Spi’ings and return, and that on her way out to Blue Springs, the conductor, Dustin, took from said round-trip ticket the return part of said ticket and left plaintiff the out-going part, and plaintiff did not know this, and that…

1Opinion of the CourtCooper, J.

On or about the 3d of September, 1889, the plaintiff, with her husband, purchased from the agent of appellant at Myrtle two tickets for transportation over appellant’s road to Blue Springs and return, both places being stations on appellant’s road.

These tickets were handed to the conductor on the train running from Myrtle to Blue Springs, and by accident and mistake he returned to the passengers the wrong part of the tickets, giving to them that portion which called for transportation from Myrtle to Blue Springs, which he should have kept, and retaining that portion calling for passage from…

2Cases cited3 opinions

  1. Hufford v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
  2. Hufford v. Grand Rapids & Indiana Ry. Co.Michigan Supreme Court · 1884
  3. Forsee v. Alabama Great Southern RailroadMississippi Supreme Court · 1885

3Cited by15 opinions

  1. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  2. Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
  3. Muckle v. Rochester Railway Co.New York Supreme Court · 1894
  4. Illinois Central Railroad v. HarperMississippi Supreme Court · 1903
  5. Indianapolis Street Railway Co. v. WilsonIndiana Supreme Court · 1903

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