Davis v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. At Forest City,where plaintiff could get a seat, be offered, to enter into a new contract, and tendered his fare to Bigelow, wliicli defendant refused and turned liim off tbe train,when he was in justice and in law entitled to a ride. It must be an extreme case which will excuse or justify a E. E. Company in absolutely refusing to carry a passenger. (2Eedf. Eailw.,(4th Ed.,) 257, § 198 ; 258, n. 4.) II.
Read the full summary
Appeal from Buchanan Circuit Court. I. At Forest City,where plaintiff could get a seat, be offered, to enter into a new contract, and tendered his fare to Bigelow, wliicli defendant refused and turned liim off tbe train,when he was in justice and in law entitled to a ride. It must be an extreme case which will excuse or justify a E. E. Company in absolutely refusing to carry a passenger. (2Eedf. Eailw.,(4th Ed.,) 257, § 198 ; 258, n. 4.) II. A passenger, wlio is not furnished with a seat, is not obliged to pay fare, and if he is expelled from tbe cars for refusing such payment, may sustain an…
1Opinion of the CourtSherwood, Judge
Oliver Davis brought suit in the Circuit Court of Buchanan county, against The Kansas City, St. Joseph & Council Bluffs Bail Boad Company, and his petition is substantially as follows :
The first count alleges, that defendant was an incorporated company, under the laws of this State, engaged in the transportation of passengers for hire, on the line of its road, from Kansas City through St. Joseph to Council Bluffs in the State of Iowa; that plaintiff’purchased of defendant on the 18th of October, 1870, a first-class ticket entitling him to a seat, in accordance with such ticket, in the cars of…
2Cited by8 opinions
- Manning v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Memphis & Charleston Railroad Co. v. BensonTennessee Supreme Court · 1887
- Dempsey v. LawsonMissouri Court of Appeals · 1898
- St. L., I. M. & S. R'y v. LeighSupreme Court of Arkansas · 1885
- Gulf, Colorado & Santa Fe Railway Co. v. RineyCourt of Appeals of Texas · 1906
3 more not listed; retrieve them via the Exa API.