Chicago & Alton Railroad v. Flagg

This was an action on the case brought by the appellee against the railway company for wrongfully expelling him from one of its trains. Being desirous of traveling a short distance on the road, he entered what is called the caboose car, attached to a freight train, without a ticket. From the conversation which subsequently took place between him and the conductor, as drawn out by the defendant’s counsel on the cross-examination of a witness, it appears he was unable to procure a ticket because the ticket office was closed. When his ticket was demanded on the train he offered to pay his fare,…