Atchison, Topeka & Santa Fe Railroad v. Dickerson
Court of Appeals of Kansas
Memorandum. — Error from Marion district court; Frank Doster, judge. Action by Joseph T. Dickerson against The Atchison, Topeka & Santa Fe Railroad Company to recover damages for being ejected from a train. Judgment for plaintiff. Defendant brings the case to this court.
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Memorandum. — Error from Marion district court; Frank Doster, judge. Action by Joseph T. Dickerson against The Atchison, Topeka & Santa Fe Railroad Company to recover damages for being ejected from a train. Judgment for plaintiff. Defendant brings the case to this court. The statement of the case as made by Dennison, J., is as follows This is an action brought in the district court of Marion county by Joseph T. Dickerson against the Atchison, Topeka & Santa Fe Railroad Company, to recover damages alleged to have been sustained by him by being unlawfully ejected from a train operated by said…
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
The first error complained of by the plaintiff in error is that the court erred in giving the jury the instructions marked A, B, C, and D. Para*353graph 1324 of the General Statutes of 1889 provides that no railroad company shall charge or receive a rate in excess of 3 cents per mile for transportation of. a passenger. Paragraph 1325 id., which was in force from February 25, 1886, until its repeal on April 5, 1893, provided that, when a passenger failed or neglected to procure a ticket prior to taking passage on a train, the company might…
2Cases cited2 opinions
- State v. MortimerSupreme Court of Kansas · 1878
- Jordan v. JohnsonCourt of Appeals of Kansas · 1895
3Cited by3 opinions
- Atchison, Topeka & Santa Fe Railroad v. LamoreuxCourt of Appeals of Kansas · 1897
- Atchison, Topeka & Santa Fe Railroad v. LeeCourt of Appeals of Kansas · 1898
- City of Lawrence v. DavisCourt of Appeals of Kansas · 1898