Truel v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. Louis Hoffman, Judge. (1) The petition in this cause is based upon the contract shown by the ticket on its face and as being the contract between the parties. This contract only entitles the plaintiff to ride to Muskogee, but she was allowed to show and recover upon a contract lying behind the ticket, and which entitled her to ride to Sedalia.
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Appeal from Pettis Circuit Court. — Eon. Louis Hoffman, Judge. (1) The petition in this cause is based upon the contract shown by the ticket on its face and as being the contract between the parties. This contract only entitles the plaintiff to ride to Muskogee, but she was allowed to show and recover upon a contract lying behind the ticket, and which entitled her to ride to Sedalia. The first instruction given for plaintiff in like manner was based, not on the contract sued upon, but upon an entirely different contract. Boling v. Eailroad, 189 Mo. 231; Leyser v. Eailroad, 138 Mo. App. 42;…
1Opinion of the CourtBroaddus, P. J.
This is a suit for damages for the alleged wrongful action of defendant.
The petition charges defendant with wrongfully ejecting plaintiff from one of its trains at Parsons, in the State of Kansas.
The gist of the petition is as follows:
“Plaintiffs state that on the 6th day of October, 1907, at Shawnee, Oklahoma, the plaintiff, Sarah Truel, bought of the agent of the Rock Island at said place, two tickets, one whole fare ticket for herself and a half-fare ticket for her minor boy, from said Shawnee to Sedalia, Missouri, by way of the city of McAllister, *384Indian Territory. That said tickets…
2Cases cited5 opinions
- Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
- Deming v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1899
- Wolters v. City of St. LouisSupreme Court of Missouri · 1895
- Dye v. Chicago & Alton RailroadMissouri Court of Appeals · 1909
- Leyser v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
3Cited by3 opinions
- Hancock v. CrouchMissouri Court of Appeals · 1954
- Biggie v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
- Weadock v. DenhamCourt of Appeals of Texas · 1927