Hardenbergh v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to recover damages for having been ejected from one of defendant’s passenger trains. At the trial, before Young, J., and a jury, the plaintiff having rested his case, the action was dismissed, on defendant’s motion. A new trial was refused, and the plaintiff appealed.
1Opinion of the CourtGilfillan, C. J.
Defendant was a common carrier of passengers for hire, maintaining and operating, for that purpose, a line of railway from Minneapolis to Wayzata, on Lake Minnetonka. The plaintiff, for the purpose of going from Minneapolis to Wayzata, entered, at the former place, one of defendant’s regular passenger trains for the latter place, which immediately started, and, before plaintiff could look_ through the cars in the train to find a seat, it was going at a high rate of speed. ; Upon looking through the train, he could find no seat vacant. At the first opportunity he applied to the conductor to…
2Cases cited2 opinions
- Maples v. New York & New Haven RailroadSupreme Court of Connecticut · 1871
- Wyman v. Northern Pacific RailroadSupreme Court of Minnesota · 1885
3Cited by3 opinions
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Billinger v. Clyde S. S. Co.U.S. Circuit Court for the District of Southern New York · 1908
- State ex rel. Townsend v. Board of Park CommissionersSupreme Court of Minnesota · 1907