Legal Opinion

Allen v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Supreme Court of Minnesota

Decided November 24, 1911No. Nos. 17,308—(102)PublishedCited by 1 opinion

Action in the district court for Ramsey county to recover $1,500, damages for alleged forcible ejection from defendant’s train.

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Action in the district court for Ramsey county to recover $1,500, damages for alleged forcible ejection from defendant’s train. The complaint alleged that on July 22, 1910, plaintiff went to defendant’s station at Savage, Minnesota, to take passage over defendant’s railway to St. Paul; that he was prevented by defendant from buying a ticket of its agent and, upon defendant’s express invitation, entered the train without a ticket; that he paid the fare amounting to thirty-seven cents which the conductor retained; that before his arrival in St. Paul, defendant arbitrarily ordered him off the…

1Opinion of the CourtLewis, J.

Action to recover damages for the alleged unlawful ejection of the plaintiff from defendant’s train at the village of Mendota, in this state, on July 22, 1910. Plaintiff recovered a verdict of $300, which was reduced by the trial court to $150, and the defendant appealed from an order denying its alternative motion for judgment notwithstanding the verdict or for a new trial.

Savage is a station on defendant’s road eighteen and one-half miles distant from the city of St. Paul, and plaintiff testified that on July 22,1910, desiring to go to St. Paul, he asked the agent, who was on the platform…

2Cases cited4 opinions

  1. Phettiplace v. Northern Pacific RailroadWisconsin Supreme Court · 1893
  2. Reese v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
  3. State v. HungerfordSupreme Court of Minnesota · 1888
  4. Reed v. Great Northern Railway Co.Supreme Court of Minnesota · 1899

3Cited by1 opinion

  1. Gunderson v. AndersonSupreme Court of Minnesota · 1933

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