Stone v. C. & N. W. R.
Supreme Court of Iowa
Appeal from Marshall District Court. Action to recover damages sustained by plaintiff caused by wrongful ejection from the cars on defendant’s road. The petition contains two counts.
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Appeal from Marshall District Court. Action to recover damages sustained by plaintiff caused by wrongful ejection from the cars on defendant’s road. The petition contains two counts. The first states that plaintiff purchased of the defendant at Clinton, Iowa, a first class ticket from that place to Sioux City, Iowa, and paid the regular fare therefor, and took passage on a train of defendant; that when he had gone some distance on his journey a red (conductor’s) check was given him; that he left the train at Marshalltown and took the same train next day, and when several miles out “ on…
1Opinion of the CourtServers, J.
i pkactich • isdü!cteddlCy court. I. The court having directed the jury to .return a verdict for the defendant, the plaintiff is entitled to have everything regarded as established by the testhnony which the evidence tended to prove, on which his right to recover depends. Such right on the cause of action stated in the first count of the petition depended solely on the question whether he was lawfully ejected from the cars at State Center. The facts on which this right must depend were undisputed and entirely free from any doubt. The ticket purchased at Clinton by the plaintiff on its face…
2Cases cited4 opinions
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- Walsh v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Beebe v. AyresNew York Supreme Court · 1858
- Sherman v. C. & N. W. R. Co.Supreme Court of Iowa · 1874
3Cited by30 opinions
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Miranda v. SaidSupreme Court of Iowa · 2013
- South Carolina Railroad v. NixSupreme Court of Georgia · 1882
- Moore v. Atchison, T. & S. F. Ry. CoSupreme Court of Oklahoma · 1910
- Swan v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1882
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