Atchison, Topeka & Santa Fé Railroad v. Hogue
Supreme Court of Kansas
Error from, Lyon District Court. Action by Hogue against the Railroad Company, to recover damages for expulsion from defendant’s train. Judgment for plaintiff. The defendant company comes to' this court.
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Error from, Lyon District Court. Action by Hogue against the Railroad Company, to recover damages for expulsion from defendant’s train. Judgment for plaintiff. The defendant company comes to' this court. The opinion states the facts. 1. The plaintiff is not entitled to recover, because the ticket office was open for the sale of tickets for at least 30 minutes prior to the departure of the train, although the agent was temporarily absent therefrom attending to his duties, since sufficient facilities were afforded at such a small station to reasonably accommodate the public; and also because…
1Opinion of the Court
Opinion by
Green, C.:
William Hogue took passage at Girard on a train operated by the Atchison, Topeka & Santa Eé Railroad Company to go to Walnut. Before reaching the latter place he concluded to go to Erie, 10 miles farther. When the train arrived at Walnut, he got off and went to the ticket office to procure a ticket. The agent was not in the office, but was handling baggage on the platform. Hogue stood at the window of the ticket office until the conductor shouted “All aboard,” when he got on the train. According to his own evidence, he went to the ticket office to obtain a ticket to Erie,…
2Cases cited8 opinions
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
- Swan v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1882
- St. Louis, Alton & Terre Haute Railroad v. SouthIllinois Supreme Court · 1867
- Cincinnati, Hamilton & Dayton Railroad v. ColeOhio Supreme Court · 1876
- Atchison, Topeka & Santa Fé Railroad v. DwelleSupreme Court of Kansas · 1890
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3Cited by1 opinion
- Campopiano v. Rhode Island Co.Supreme Court of Rhode Island · 1916