St. Louis & San Francisco Railroad v. Coy
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellee was the plaintiff below, and alleged in his complaint that he was a citizen and resident of the State of Missouri, and that on' the 17th day of August, 1912, he became a passenger upon one of defendant’s freight trains for the purpose of being transported from Gibson, Missouri, to Mount Vernon, in the State of Illinois, and that on said day, and while the car in which he was a…
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellee was the plaintiff below, and alleged in his complaint that he was a citizen and resident of the State of Missouri, and that on' the 17th day of August, 1912, he became a passenger upon one of defendant’s freight trains for the purpose of being transported from Gibson, Missouri, to Mount Vernon, in the State of Illinois, and that on said day, and while the car in which he was a passenger was being switched from one track to another in the yards of the defendant at Chaffee, Missouri, the same was…
1Opinion of the Court
Smith, J.,
(after stating the facts). Appellant says the petition fails to state a cause of action in that it alleges merely that appellant was a passenger upon une of .the trains of appellant company, and that the remainder of his complaint shows that appellant was riding in a box car with some watermelons, which he was shipping in a freig’ht train, and that the complaint fails to allege the payment of fare; or the possession of a pass; or any authority to ride upon the train, and that there was nothing in the complaint to show why in any event he did not ride in the caboose where passengers…
2Cases cited11 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Southern Pacific Co. v. SchuylerSupreme Court of the United States · 1913
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Castanie v. United Railways Co.Supreme Court of Missouri · 1913
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3Cited by25 opinions
- Sampson v. ChannellCourt of Appeals for the First Circuit · 1940
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Biddle v. RileySupreme Court of Arkansas · 1915
- Marshall v. Humble Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1972
20 more not listed; retrieve them via the Exa API.