Boster v. Ches. & Ohio R'y Co.

Holt, Judge:

This is an action of trespass on the case, brought on the 27th day of June, 1889, in the Circuit Court of Cabell county, by plaintiff, Boster, against the railway company, charging it with having unlawfully ejected him from its train. There was a demurrer by defendant; overruled; polea of not guilty; trial by jury; a verdict for five hundred dollars; motion by defendant to set the same aside; motion overruled, and judgment given. On exceptions taken by defendant it has obtained this appeal.

The relation between the passenger and the common carrier is now generally treated as one of…