Thorp v. Concord Railroad
Supreme Court of Vermont
This was an action in trespass to recover for damage by reason of being ejected from the defendant’s car. The plaintiff in his declaration alleged that he was a passenger for hire, riding in one of defendant’s passenger coaches, and, that he was forcibly ejected therefrom by the defendant.
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This was an action in trespass to recover for damage by reason of being ejected from the defendant’s car. The plaintiff in his declaration alleged that he was a passenger for hire, riding in one of defendant’s passenger coaches, and, that he was forcibly ejected therefrom by the defendant. To this declaration the defendant filed the following special plea: “ And for further plea in this behalf, the said defendant, by-leave of the court for that purpose first had and obtained, according to the form of the statute in such case made and provided, says-that the said plaintiff ought not to have or…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This is an action of trespass, brought to .recover for the damage sustained by the plaintiff in being ejected from a passenger car upon which he was then riding, and was heard on a demurrer to the plaintiff’s replication.
The replication attempted to justify the plaintiff’s right to ■ride in the car from which he was ejected under a live stock *383ticket which was delivered to him at St. Albans, on the 4th of May, 1885. The plaintiff on that day shipped six horses and a ■buggy, at St. Albans, to be transported over the Central Vermont and…
2Cases cited1 opinion
- Jerome v. SmithSupreme Court of Vermont · 1876
3Cited by4 opinions
- State v. PowersSupreme Court of Vermont · 1900
- Norton v. Consolidated Railway Co.Supreme Court of Connecticut · 1906
- Ranchau v. Rutland RailroadSupreme Court of Vermont · 1899
- Indianapolis Street Railway Co. v. WilsonIndiana Supreme Court · 1903