Boylan v. Hot Springs Railroad
Supreme Court of the United States
ERROR TO. THE • CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an action of assumpsit against a railroad corporartion by a person who, after taking passage on one of its trains, was forcibly expelled by the conductor.
Read the full summary
ERROR TO. THE • CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was an action of assumpsit against a railroad corporartion by a person who, after taking passage on one of its trains, was forcibly expelled by the conductor. At the trial in the Circuit Court, the plaintiff testified that on March 18, 1882, he purchased at the office of the Wabash, St. Louis and Pacific Railway Company in Chicago a ticket for a passage to Hot Springs and back, (which is copied in the margin,1 and which, as was alleged in the declaration and appeared upon the face of the ticket, was…
1Opinion of the CourtJustice Gray
This is an action of assumpsit, and cannot be maintained without proof of a breach of contract by the defendant to carry the plaintiff. The only contract between the parties was an express one, signed by the plaintiff himself as well as by the defendant’s agent at Chicago, and contained in a ticket for a passag'e to Hot Springs and back. The plaintiff, having assented to that contract by accepting and signing it, was bound by the conditions expressed in it, whether he did or did not read them or know what they were. The question, when he first knew that the ticket required him to have it…
2Cases cited3 opinions
- Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
- Pennington v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1884
- Rawitzky v. Louisville & Nashville RailroadSupreme Court of Louisiana · 1888
3Cited by45 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Bitterman v. Louisville & Nashville RailroadSupreme Court of the United States · 1907
- Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
- Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911
- Rose v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
40 more not listed; retrieve them via the Exa API.