Mosher v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED- STATES FOR THE EASTERN' DISTRICT OF MISSOURI. This was an action by a passenger against a railroad corporation for putting him off one of its trains.
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ERROR TO THE CIRCUIT COURT OF THE UNITED- STATES FOR THE EASTERN' DISTRICT OF MISSOURI. This was an action by a passenger against a railroad corporation for putting him off one of its trains. The allegations of the amended petition were in substance as follows: On April 9, 1883, the plaintiff purchased of the defendant at St. Louis a ticket expressed on its face to be “good for one. first class passage to Hot Springs, Ark., and return when . officially stamped on back hereof and presented with coupons attached,” and containing a “tourist’s contract,” signed by the plaintiff as well as by the…
1Opinion of the CourtJustice Gray
The right of this plaintiff to be carried upon the defendant’s train, without paying additional fare, does not depend upon his having been received as an ordinary passenger, or upon any representations made by a ticket-seller, conductor or other officer of the company as to his right to use a ticket, but wholly upon the construction and effect of the written contract, signed by him, upon 'the face of the ticket (of the kind called “ tourist’s ” or “ round-trip ” tickets) sold him by the . defendant for a passage to Hot Springs and back, by which, in consideration of a reduced rate of fare, he…
2Cases cited5 opinions
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
- Murdock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1884
- Shelton v. Lake Shore & Michigan Southern Railway Co.Ohio Supreme Court · 1876
- Hitchcock v. BuchananSupreme Court of the United States · 1882
3Cited by49 opinions
- Bitterman v. Louisville & Nashville RailroadSupreme Court of the United States · 1907
- Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
- Boylan v. Hot Springs RailroadSupreme Court of the United States · 1889
- Schubach v. McDonaldSupreme Court of Missouri · 1903
- McGhee & Fink v. ReynoldsSupreme Court of Alabama · 1897
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