Peabody v. O. R. & N. Co.

This is an action in tort to recover damages for the wrongful acts of the defendant’s agents and servants in ejecting the plaintiff from one of its cars.

There are mainly two questions presented by this record, but the controlling one arose substantially out of this state of facts: The plaintiff, who is a stock-dealer, had shipped stock from Grant’s station to Portland, and had received from the railroad company a shipping contract which entitled him upon the performance of certain conditions to a passage from Grant’s to Portland and return. Going to the office of the company earlier than its…