Holt v. Hannibal & St. Joe Railroad
Missouri Court of Appeals
Appeal from Sbelby Circuit Court. — Ron., Nat M. Shelton, Special Judge. STATEMENT OR THE CASE BY THE COURT. This action is for the unlawful ejection of a passenger from a train of defendant, which, the petition alleged was done by the conductor in a rude, angry and violent manner to the great bruising and injury of plaintiff’s body.
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Appeal from Sbelby Circuit Court. — Ron., Nat M. Shelton, Special Judge. STATEMENT OR THE CASE BY THE COURT. This action is for the unlawful ejection of a passenger from a train of defendant, which, the petition alleged was done by the conductor in a rude, angry and violent manner to the great bruising and injury of plaintiff’s body. The petition asked judgment for $1,000 for actual damages occasioned by physical injuries, loss of time and business, and $1,400 as punitive damages. The answer avers that plaintiff was put off the train because he refused to pay his fare and denies the other…
1Opinion of the CourtBond, J.
Under the common law, carriers of passengers for their own protection and for the comfort and convenience of the traveling public, were entitled to eject from their vehicles, without unnecessary force, any passenger who refused to pay the established fare for such transportation, or whose behavior was disorderly or who was infected with a contagious disease. In this, and many of the states, the doctrine of the common law on this subject has been superseded by statutes defining the causes and regulating the procedure for the lawful ejection of a passenger from the train upon which he has…
2Cases cited3 opinions
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
- Texas & Pacific R'y Co. v. BondTexas Supreme Court · 1884
- Boehm v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
3Cited by6 opinions
- James v. United States Casualty Co.Missouri Court of Appeals · 1905
- Boston v. AlexanderMissouri Court of Appeals · 1914
- Randell v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
- Short v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Petty v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
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