Lillis v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
•Appeal from, Jackson County .Circuit Court. I. There was absolutely no evidence showing that the relation of passenger and carrier existed between the plaintiff and defendant. The testimony of the plaintiff himself shows that he was nota passenger. It shows that he intended to practice a deliberate fraud upon the defendant from the time he entered the baggage car at Kansas City.
Read the full summary
•Appeal from, Jackson County .Circuit Court. I. There was absolutely no evidence showing that the relation of passenger and carrier existed between the plaintiff and defendant. The testimony of the plaintiff himself shows that he was nota passenger. It shows that he intended to practice a deliberate fraud upon the defendant from the time he entered the baggage car at Kansas City. He knew his ticket had expired,, and he Says he did not intend to pay his fare. ■ The relation of passenger and carrier arises out of contract, either express or implied. There can he no valid or binding contract…
1Opinion of the CourtHenry, Judge
On the 18th day - of June, 1873, the plaintiff purchased of the defendant a thousand mile ticket, to be used within six months from that date on defendant’s railroad. The following is a correct representation of the face of the ticket:
On the back of said ticket were the following conditions :
*468. 1. “ This ticket is good only for passage of the person named thereon, and if presented by any other person, the conductor will take it up and collect full fare.
2. “ For each trip, the conductor will punch out figures indicating the number of miles traveled with him on that trip. The holder must in all…
2Cases cited1 opinion
- Union Pacific Railway Co. v. NicholsSupreme Court of Kansas · 1871
3Cited by20 opinions
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
- Brown v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Grogan v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Winn v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1912
- A., T. S. F. Rld. Co. v. JohnsonSupreme Court of Oklahoma · 1895
15 more not listed; retrieve them via the Exa API.