St. Louis, Alton & Chicago Railroad v. Dalby
Illinois Supreme Court
APPEAL EROM LOGAN. This was an action of trespass, brought by appellee against appellant and True Woodbury. The latter was not served with process. The declaration is in the usual form. 1st count, for an assault and battery of appellee’s wife. 2nd count, for an assault and battery of himself. To this declaration the appellant’s demurrer was filed, and overruled by the court. Appellant then filed three pleas: Not guilty, on which issue was joined.
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APPEAL EROM LOGAN. This was an action of trespass, brought by appellee against appellant and True Woodbury. The latter was not served with process. The declaration is in the usual form. 1st count, for an assault and battery of appellee’s wife. 2nd count, for an assault and battery of himself. To this declaration the appellant’s demurrer was filed, and overruled by the court. Appellant then filed three pleas: Not guilty, on which issue was joined. Special pleas as follows : And for further plea in this behalf, said defendant saith actio non, because at the time when, etc., the said plaintiff…
1Opinion of the Court
Catón, C. J.
Some questions of minor importance will be disposed of before we come to the main and important question, which has most engrossed the attention of counsel and the court.
The first of these is, whether the court erred in admitting the testimony of Rankin, the station agent, and the certificate- or written statement, given by Rankin to Dalby, at the time the latter applied for tickets and could not procure them. This involves the right of the railroad company to charge discrimi-nating fares, and under what circumstances it may do so. The law on that subject as held by this court,…
2Cited by27 opinions
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- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
- Pullman Palace Car Co. v. LawrenceMississippi Supreme Court · 1897
- Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
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