Legal Opinion

State v. Hungerford

Supreme Court of Minnesota

Decided June 18, 1888PublishedCited by 5 opinions

Appeal by defendant from an order of the district court for Scott county, Edson, J., presiding, refusing a new trial after a conviction of assault in the third degree.

1Opinion of the CourtGileillan, C. J.

Prosecution for an assault. The alleged assault consisted in the defendant, who was conductor of a passenger train on the Minneapolis & St. Louis Eailway, taking hold of Nicolin, the complaining witness, who was a passenger on the train, for the purpose of putting him off because he refused to pay the fare demanded by defendant. That a conductor may, using only the force reasonably necessary, (and no excess is claimed in this case,) remove from the cars a passenger who refuses to pay the proper fare when demanded by the conductor, is beyond question. The fare on this railroad, from Jordan to…

2Cited by5 opinions

  1. Northern Pac. R. v. PausonCourt of Appeals for the Ninth Circuit · 1895
  2. Continental Insurance v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1906
  3. Reese v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
  4. Allen v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1911
  5. Louisville, New Albany & Chicago Railway Co. v. WrightIndiana Court of Appeals · 1897

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