Doherty v. Northern Pacific Railway Co.
Montana Supreme Court
'Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by E. J. Doherty against the Northern Pacific Railway Company. Judgment for defendant, and plaintiff appeals.
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'Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by E. J. Doherty against the Northern Pacific Railway Company. Judgment for defendant, and plaintiff appeals. It is alleged in the complaint, admitted in the answer, proven by the plaintiff, and undisputed by the defendant, that the plaintiff, on the twenty-sixth day of July, 1909, purchased from the defendant a first-class railroad ticket from Butte to Missoula, with the intention of being transported from Butte to Missoula on train No. 15, the train from which he was ejected before reaching Missoula, and while…
1Opinion of the CourtChief Justice Brantlt
Plaintiff brought this action to recover damages for a wrongful expulsion from one of defendant’s trains. The complaint alleges that on July 26, 1909, the plaintiff purchased from the-defendant at Butte, Montana, a ticket from that place to Missoula, Montana; that he entered one of defendant’s passenger-trains, delivered the ticket to the conductor in charge, and was. riding as a passenger on his way to Missoula; and that, before he reached his destination, the defendant, acting through its. conductor, at Warm Springs station, without right and with force and violence and against plaintiff’s…
2Cases cited2 opinions
- Central of Georgia Railway Co. v. MotesSupreme Court of Georgia · 1903
- Ames v. Southern Pacific Co.California Supreme Court · 1904
3Cited by2 opinions
- Lynes v. Northern Pacific Railway Co.Montana Supreme Court · 1911
- Dahmer v. Northern Pacific Railway Co.Montana Supreme Court · 1913