Legal Opinion

Northern Pac. R. v. Pauson

Court of Appeals for the Ninth Circuit

Decided October 31, 1895No. 224PublishedCited by 13 opinions

In Error to the Circuit Court of the United States for the Northern District of California. This is an action to recover damages for the alleged wrongful expulsion of the defendant in error from a passenger car of the plaintiff in error. It was commenced in the superior court of tlie city and county of San Francisco, and, upon motion of the plaintiff in error, was removed to the United States circuit court.

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In Error to the Circuit Court of the United States for the Northern District of California. This is an action to recover damages for the alleged wrongful expulsion of the defendant in error from a passenger car of the plaintiff in error. It was commenced in the superior court of tlie city and county of San Francisco, and, upon motion of the plaintiff in error, was removed to the United States circuit court. The complaint alleges that on the (Sth day of September, 1892, the plaintiff (defendant in error) became and was a passenger upon a train of cars operated upon the railroad of defendant…

1Opinion of the CourtIiawley, District Judge

(after staling- tbe facts). The disposition to be made of this ease depends upon the question whether {he charge of the court to the jury stales a correct legal principle applicable to the facts and circumstances of this case. The authorities bearing upon this question are by no means uniform, some ■of the courts holding that it is the duly of the passenger, before going upon the train, to examine his ticket, and to ascertain therefrom whether or not any mistake has been made by the ticket agent; that the face of the ticket is conclusive evidence to the conductor of (lie train as to the…

2Cases cited28 opinions

  1. New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
  2. Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
  3. Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
  4. Central Railroad & Banking Co. v. RobertsSupreme Court of Georgia · 1893
  5. Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888

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3Cited by13 opinions

  1. Basler v. Sacramento Elec., Gas & Ry.California Supreme Court · 1913
  2. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  3. Smith v. Southern Ry.Supreme Court of South Carolina · 1911
  4. Olson v. Northern Pacific Railway Co.Washington Supreme Court · 1908
  5. Indianapolis Street Railway Co. v. WilsonIndiana Supreme Court · 1903

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