Masterson v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Orosse county: O. B. Wyman, Circuit Judge. , This is an action for unlawful ejection from a railway train. The evidence showed that the plaintiff boarded the defendant’s passenger, train at the station of Trempealeau, Sunday evening, June 20,1897, intending to ride to La Crosse.
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Appeal from a judgment of the circuit court for La Orosse county: O. B. Wyman, Circuit Judge. , This is an action for unlawful ejection from a railway train. The evidence showed that the plaintiff boarded the defendant’s passenger, train at the station of Trempealeau, Sunday evening, June 20,1897, intending to ride to La Crosse. The plaintiff claims that he purchased a ticket at Trempea-leau station, and that it was taken up by the conductor soon after he got upon the train, and that afterwards, and just before the train reached La Orosse, the conductor demanded his ticket again, and insisted…
1Opinion of the CourtWinslow, J.
This is a tort action for wrongful ejection from the train at a place not a usual stopping place, nor near a dwelling house, contrary to the provisions of sec. 1818, R. S. 1878, as construed by the case of Phettiplace v. N. P. R. Co. 84 Wis. 412. Hence the fact that the plaintiff claimed to be riding upon a ticket purchased on Sunday is not important. The action is not for breach of a Sunday contract, but for tortious ejection from the train.
The damages awarded seem to us excessive. The conductor was evidently honest in his belief that the plaintiff had not paid his fare or surrendered a…
2Cases cited3 opinions
- Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Boehm v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
- Phettiplace v. Northern Pacific RailroadWisconsin Supreme Court · 1893
3Cited by12 opinions
- New York Central Railroad v. JohnsonSupreme Court of the United States · 1929
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- Olson v. RatzelCourt of Appeals of Wisconsin · 1979
- Pingatore v. Montgomery Ward & Co.Court of Appeals for the Sixth Circuit · 1969
- State v. GrahamWest Virginia Supreme Court · 1937
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