Tarr v. Oregon Short Line R. R.
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for the County of Bingham. Hon. J. M. Stevens,. Judge. Action by the plaintiff in tort for damages sustained on account of the wrongful acts of the defendant company in ejecting him from its railway train. Judgment for plaintiff, and' defendant moved for a new trial and appealed from the-judgment and order denying his motion. The construction of sec. 2374, Eev.
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APPEAL from the District Court of the Sixth Judicial District for the County of Bingham. Hon. J. M. Stevens,. Judge. Action by the plaintiff in tort for damages sustained on account of the wrongful acts of the defendant company in ejecting him from its railway train. Judgment for plaintiff, and' defendant moved for a new trial and appealed from the-judgment and order denying his motion. The construction of sec. 2374, Eev. Stat., contended for by respondent, is in violation of the fourteenth amendment of the federal constitution, because it would be depriving-a railroad company of property…
1Opinion of the CourtAilshie, C. J.
This is an appeal from the judgment and order denying a motion for a new trial. The appellant recovered judgment in the lower court against the defendant for the sum of $1,000 damages on account of the agents and employees of the defendant company wrongfully and unlawfully ejecting him from one of its railway trains. The respondent, Jacob E. Tarr, was, on the 23d day of December, 1905, residing with his family at Shelley, Idaho, and on the evening of that day purchased from the ticket agent at that place three tickets to Pocatello. It seems that the railway company had no night agent at…
2Cases cited15 opinions
- State v. BondIdaho Supreme Court · 1906
- State v. CorcoranIdaho Supreme Court · 1900
- State v. NeilIdaho Supreme Court · 1907
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- North Chicago Street Railroad v. FitzgibbonsIllinois Supreme Court · 1899
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3Cited by16 opinions
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- Archer v. Shields Lumber Co.Idaho Supreme Court · 1967
- Square Butte State Bank v. BallardMontana Supreme Court · 1922
- Austin v. Brown Bros.Idaho Supreme Court · 1917
- Penney v. WarrenSupreme Court of Alabama · 1927
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