Louisville & Nashville Railroad v. Riely
Court of Appeals of Virginia
Error to a judgment of the Circuit Court of Wise county, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. Statement of the Case and Facts In this action of trespass on the case the defendant in error was plaintiff and the plaintiff in error was defendant in the court below. They will be hereinafter referred to as plaintiff and defendant.
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Error to a judgment of the Circuit Court of Wise county, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. Statement of the Case and Facts In this action of trespass on the case the defendant in error was plaintiff and the plaintiff in error was defendant in the court below. They will be hereinafter referred to as plaintiff and defendant. The action was brought to recover damages for the alleged wrongful ejection of the plaintiff from a passenger train of the defendant by the conductor of the latter. The Facts. The facts of the case appear from the agreed…
1Opinion of the CourtSims, J.
The assignments of error in the petition in this case raise a single question for our determination, namely':
1. Was the time limit, “Good (for) continuous passage beginning date of sale only,” printed on the face of the regular first class ticket in the instant case, valid ?
*474It will be observed that the question of the validity of the time limit referred to, arises in this case upon the inquiry whether the defendant is liable in damages for the conduct of its conductor in ejecting plaintiff from its train. That is to say, the action is not upon a contract of carriage, but in tort for the…
2Cases cited18 opinions
- Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
- Clark v. AllamanSupreme Court of Kansas · 1905
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891
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3Cited by1 opinion
- United States v. JonesDistrict Court, W.D. Texas · 1971