Bowsher v. Chicago, Burlington & Quincy Railroad
Supreme Court of Iowa
Appeal from Decatur District Court. — Hon. W. H. Bed-ford, Judge. Action to recover damages for an alleged wrongful ejection of the plaintiff from one of the defendant’s passenger trains for the reason that the plaintiff, not having procured a passage ticket, refused to pay the 10 cents in addition to the usual fare demanded by the defendant’s conductor.
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Appeal from Decatur District Court. — Hon. W. H. Bed-ford, Judge. Action to recover damages for an alleged wrongful ejection of the plaintiff from one of the defendant’s passenger trains for the reason that the plaintiff, not having procured a passage ticket, refused to pay the 10 cents in addition to the usual fare demanded by the defendant’s conductor. Plaintiff alleges reasons, as will hereafter appear, ■why he had not procured a ticket, and that he made said reasons known to the conductor, and that, nothwithstanding said reasons, which were sufficient, he was wrongfully ejected from the…
1Opinion of the CourtGiven, C. J.
1 I. Section 2077 of the Code provides as follows: “A charge of ten cents may be added to the fare of any passenger when the same is paid upon the cars, if a ticket might have been procured within a reasonable time before the departure of the train.” Plaintiff has the burden of alleging such ultimate facts as show that he could not have procured a ticket within a reasonable time before the departure of the train upon which he took passage. All ultimate facts alleged and necessary to be noticed in considering the questions presented are these: Defendant is a carrier of passengers on ias…
2Cases cited2 opinions
- Colwell v. Manhattan Railway Co.New York Supreme Court · 1890
- Sherman v. C. & N. W. R. Co.Supreme Court of Iowa · 1874
3Cited by10 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Torgeson v. HanfordWashington Supreme Court · 1914
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