Way v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Mahaska, Circuit Court. Tiie plaintiff is tlie administrator of the estate of John Way, deceased. The action was brought by the decedent. After his death the present plaintiff was substituted. The plaintiff claims to recover for a personal injury alleged tc have been received by the decedent as a passenger on one of defendant’s trains, and by being thrown against a cupola platform, by defendant’s negligence in making a coupling.
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Appeal from Mahaska, Circuit Court. Tiie plaintiff is tlie administrator of the estate of John Way, deceased. The action was brought by the decedent. After his death the present plaintiff was substituted. The plaintiff claims to recover for a personal injury alleged tc have been received by the decedent as a passenger on one of defendant’s trains, and by being thrown against a cupola platform, by defendant’s negligence in making a coupling. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
In April, 1881, the decedent took passage upon a freight train at Monroe, Jasper county, for Oskaloosa. In payment of his fare, he presented a mileage ticket, which had been issued to on¿ R. G-. Eorgrave, at commutation rates. The conductor of the train, without knowledge that Way was not Eorgrave, detached the coupons for his passage. Printed upon the ticket were several conditions, and also a printed acceptance of the conditions, which was signed by Eorgrave, and the whole was denominated a contract. One of the conditions is in these words: “This ticket is positively not transferable, and,…
2Cases cited11 opinions
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Toledo, Wabash & Western Railway Co. v. BeggsIllinois Supreme Court · 1877
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Relf v. RappSupreme Court of Pennsylvania · 1841
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3Cited by15 opinions
- Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911
- St. Louis & San Francisco R. R. v. BrantleySupreme Court of Alabama · 1910
- Norfolk & Western Railway Co. v. Bondurant's AdministratorSupreme Court of Virginia · 1907
- Fitzmaurice v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
10 more not listed; retrieve them via the Exa API.