Legal Opinion

Clare v. Northwestern Pacific Railroad

California Court of Appeal

Decided February 14, 1913No. Civ. No. 1043PublishedCited by 2 opinions

APPEAL from a judgment of the Superior Court of Marin County and from an order denying a new trial. Thos. J. Lennon, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

From a judgment based upon a verdict by a jury in favor of plaintiff for damages in the sum of one thousand dollars and from an order denying its motion for a new trial, defendant has appealed.

It apears from the complaint that, on the thirtieth day of May, 1909, plaintiff applied at defendant’s ticket office in Corte Madera, a station in Marin' County, for the purchase of a ticket to San Francisco, but the office was closed and the agent could not be found. Plaintiff was compelled, therefore, to board the train without a ticket. Shortly thereafter defendant’s trainman demanded of plaintiff…

2Cases cited4 opinions

  1. Sloane v. Southern California Railway Co.California Supreme Court · 1896
  2. Gorman v. Southern Pacific Co.California Supreme Court · 1892
  3. Bland v. Southern Pacific RailroadCalifornia Supreme Court · 1884
  4. Elser v. Southern Pacific Co.California Court of Appeal · 1908

3Cited by2 opinions

  1. Ingham v. Luxor Cab Co.California Court of Appeal · 2001
  2. Wasserman v. Los Angeles Ry. Corp.California Supreme Court · 1920

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