Cody v. Central Pac. R.
U.S. Circuit Court for the District of Nevada
Action at law to recover damages from the defendant [the Central Pacific Railroad Company] for ejecting the plaintiff [H. A. Cody] from its cars, upon the following state of facts: August 10, 1S75, the Baltimore and Ohio Railroad Company issued, from its office in the city of Baltimore, to one Michel Meur, a ticket or contract for a passage to San Francisco, Cal., in the words and figures following: “Issued by the Baltimore and Ohio Railroad Company.
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Action at law to recover damages from the defendant [the Central Pacific Railroad Company] for ejecting the plaintiff [H. A. Cody] from its cars, upon the following state of facts: August 10, 1S75, the Baltimore and Ohio Railroad Company issued, from its office in the city of Baltimore, to one Michel Meur, a ticket or contract for a passage to San Francisco, Cal., in the words and figures following: “Issued by the Baltimore and Ohio Railroad Company. Acting for itself on its own road and as agent only of the other companies owning portions of the route respectively. Good for one emigrant…
1Opinion of the Court
SAWYER, Circuit Judge.
It is clear to our minds that the plaintiff had no right to ride on defendant’s road upon the check purchased of Meur at Palisade, and that he was properly excluded from the cars on that ground. Meur made a contract for a through emigrant passage from Baltimore to San Francisco at a reduced rate in consequence of taking a through passage. His contract stated in terms that it was not transferable, and he signed the contract assenting to its conditions. The written contract was surrendered in pursuance of its provisions at Omaha, where Meur received from the Union Pacific…
2Cited by3 opinions
- Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
- Drummond v. Southern Pacific Co.Utah Supreme Court · 1891
- Robinson v. Southern Pacific Co.California Supreme Court · 1895