Legal Opinion

Memphis & Charleston Railroad Co. v. Benson

Tennessee Supreme Court

Decided April 8, 1887PublishedCited by 7 opinions

Appeal in error from Circuit Court of Shelby County. J. O. Pierce, J. Action by an alleged passenger against a railroad company for an alleged unlawful ejection from a train, accompanied by unnecessary indignity. Verdict for plaintiff for $500. Appeal by railroad company.

1Opinion of the CourtBurton, J.

This was a suit for damages for an alleged unlawful- ejection of the defendant in error from the train of the plaintiff in error. There was a judgment for $500 in favor of the defendant in error rendered by the Circuit Judge, who tried the case without a jury. The railway company have appealed, and a number of reasons are assigned for reversal.

The defendant in error went upon the passenger train at Memphis, Tenn., and went into the car *629sot apart for ladies and gentlemen traveling with ladies. This car at the time was overcrowded, and he was unable to obtain a seat, and this condition of…

2Cases cited2 opinions

  1. Chicago & Northwestern Railway Co. v. WilliamsIllinois Supreme Court · 1870
  2. Davis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1873

3Cited by7 opinions

  1. 303 Creative LLC v. ElenisSupreme Court of the United States · 2023
  2. 303 Creative LLC v. ElenisSupreme Court of the United States · 2023
  3. Tyler v. HarmonSupreme Court of Louisiana · 1925
  4. Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908
  5. Morrison v. StateTennessee Supreme Court · 1905

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