Legal Opinion

Marquette v. Chicago & N. W. R. R.

Supreme Court of Iowa

Decided March 27, 1871PublishedCited by 6 opinions

Appeal from Marshall District Court. The plaintiff, in his petition, states that he purchased at Nevada, Iowa, a first-class ticket for a passage on the cars of defendant, from that place to Montana, Iowa; that he entered the cars, and, while riding therein, the conductor of the train, without cause, ordered plaintiff from the car he was then riding in, requiring him' to go into another car; that this command was given in an insulting and abusive manner; that plaintiff…

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Appeal from Marshall District Court. The plaintiff, in his petition, states that he purchased at Nevada, Iowa, a first-class ticket for a passage on the cars of defendant, from that place to Montana, Iowa; that he entered the cars, and, while riding therein, the conductor of the train, without cause, ordered plaintiff from the car he was then riding in, requiring him' to go into another car; that this command was given in an insulting and abusive manner; that plaintiff refused to comply therewith, and that thereupon said conductor siezed plaintiff and removed him into the next car while the…

1Opinion of the CourtMiller, J.

The evidence shows that about midnight, September 26,1870, the defendant took passage on a train on defendant’s railroad, at Nevada for Boone; that he was provided with a first-class ticket; that he entered the forward end of what is usually known as the “ladies’ car,” there being at the time no brakeman at the door; that he deposited his baggage inside the forward end of the car and passed through to the other end, without obtaining a seat; whether there were any vacant seats in the car or not is a fact on which the evidence is conflicting; there were three other men with plaintiff at the…

2Cases cited9 opinions

  1. Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
  2. Galena & Chicago Union Railroad v. YarwoodIllinois Supreme Court · 1856
  3. Sheffield & Herrender v. Rochester & Syracuse Rail RoadNew York Supreme Court · 1856
  4. Foot & Reynolds v. WiswallNew York Supreme Court · 1817
  5. Bernhardt v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1860

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3Cited by6 opinions

  1. Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
  2. Murphy v. Iowa Electric Co.Supreme Court of Iowa · 1928
  3. Robinson v. United States Benevolent SocietyMichigan Supreme Court · 1903
  4. Edgerly v. Union Street RailroadSupreme Court of New Hampshire · 1892
  5. Costikyan v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1891

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