Chicago, Rock Island & Pacific Railway Co. v. Watkins
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; Eugene Lanhford, Judge; Appellant was entitled to a peremptory instruction. Appellee having rightfully been ejected from the train at Hazen, because of his refusal to pay fare except from that point on to his destination, -could not create a new contract by -purchasing a -ticket at Hazen and ignore the implied contract he entered into by boarding the train at Brinkley. 47 la. 82; 29 Am.
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Appeal from Prairie Circuit Court, Southern District; Eugene Lanhford, Judge; Appellant was entitled to a peremptory instruction. Appellee having rightfully been ejected from the train at Hazen, because of his refusal to pay fare except from that point on to his destination, -could not create a new contract by -purchasing a -ticket at Hazen and ignore the implied contract he entered into by boarding the train at Brinkley. 47 la. 82; 29 Am. Rep. 458; 16 L. R. A. 55; 132 Mass. 116; 42 Am. Rep. 432.
1Opinion of the CourtHabt, J.
Appellee sued appellant for damages for alleged wrongful ejection from its train. Appellee, J. L. Watkins, lived in Little Rock and in July, 1914, got a pass over appellant’-s line of railroad to Brinkley to become a brakeman between that -point and Memphis. After he had made a few trips on the local freight train the conductor told him that he did not need Mm any longer. This -occurred at Brinkley. Appellee wired to Little Rock for a pass home. While he was waiting for an answer to 'Ms message a passenger train came along on its way to Little Rock and appellee boarded the train. When the…
2Cases cited6 opinions
- Stone v. C. & N. W. R.Supreme Court of Iowa · 1877
- Swan v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1882
- Pennington v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1884
- Pickens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. RineyCourt of Appeals of Texas · 1906
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