Cherry v. Kansas City, Fort Scott & Memphis Railway Co.
Missouri Court of Appeals
Appeal from the Barton Circuit Court.—Hon. D. P. Stratton, Judge. (1) If, under the most favorable view which can be taken of the plaintiff’s evidence, he is entitled to any remedy—which defendant denies—it is not to be found in action in tort for his expulsion, but on the contract for the value of the surrendered ticket.
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Appeal from the Barton Circuit Court.—Hon. D. P. Stratton, Judge. (1) If, under the most favorable view which can be taken of the plaintiff’s evidence, he is entitled to any remedy—which defendant denies—it is not to be found in action in tort for his expulsion, but on the contract for the value of the surrendered ticket. Fred/rick v. Railroad, 37 Mich. 346; Townsend v. Railroad, 56 N. T. 295; Marshall v. Railroad, 78 Mo. 616; Yorton v. Railroad, 54 Wis. 234; Hall v. Railroad, 15 Eed. Rep. 58; Gantts v. Railroad, 39 Kan. 608; Bradshaw v. Railroad, 135 Mass. 407; Shelton v. Railroad, 29 Ohio…
1Opinion of the CourtSmith, P. J.
—This is an action brought by plaintiff against defendant company to recover damages for the wrongful expulsion of the former from a car of one of the passenger trains of the latter. The case was brought here on appeal by the plaintiff on another, occasion, when the judgment was reversed and the cause remanded. By reference to the report of the case, to be found in 52 Mo. App. 499, it will be seen that it was then decided by us that, upon the evidence adduced by plaintiff, he was entitled to a submission of the cause to the jury.
By an examination of the record now before us, it is perceived…
2Cases cited35 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Illinois Central Railroad v. CopelandIllinois Supreme Court · 1860
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
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3Cited by5 opinions
- Shewalter v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1900
- Jones v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1901
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1910
- Dow v. Firemen's Insurance Co. of NewarkSupreme Court of Kansas · 1924
- Griffith v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1905