McVeety v. St. Paul, Minneapolis & Manitoba Railway Co.

On the trial of this action, it was defendant’s contention that, although plaintiff was on its train — a freight with a caboose attached — when the accident occured in which he claims to *269have been injured, he was not a passenger to whom it owed any duty. Testimony was introduced tending to show that plaintiff had not paid his fare; had no ticket; that on boarding the train he had solicited the conductor, an acquaintance, to permit him to ride without paying his fare; and that the latter had consented. The defendant then offered to prove by the conductor that when soliciting that he be carried…