Beck v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Knox Circuit Court. — No». Chas. D. Stewart, Judge. Peremptory instruction to find for defendant should have been given. Plaintiff had no intention of paying fare when he got aboard the train, and refused to pay when called on by the conductor. He was a trespasser, and his removal was lawful.
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Appeal from Knox Circuit Court. — No». Chas. D. Stewart, Judge. Peremptory instruction to find for defendant should have been given. Plaintiff had no intention of paying fare when he got aboard the train, and refused to pay when called on by the conductor. He was a trespasser, and his removal was lawful. Logan v. Railroad, 77 Mo. 663; Lillis v. Railroad, 64 Mo. 464; Gilbert v. Nagle, 118 Mass. 278; Condran v. Railroad, 67 Fed. 522; Holt v. Railroad, 174 Mo. 524; Gates v. Railroad, 102 S. W. 50. Plaintiff’s instruction numbered 1 was erroneous. The effect of this instruction is that if the…
1Opinion of the CourtGoode, J.
(after stating the facts) — 1. An assignment of error is raised against the first instruction given for plaintiff, which advised the jury that if they believed plaintiff when he was admitted into defendant’s train at Edina, intended to pay his fare to Hurdland, and after the train left Edina and reached a point between that station and Hurdland, a point not a usual stopping place or near a dwelling house, the conductor wrongfully and without just cause, ejected plaintiff from the train after plaintiff had tendered the conductor the legal passenger fare from Edina to Hurdland, the verdict…
2Cases cited14 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Evans v. Town of TrentonSupreme Court of Missouri · 1892
- Haynes v. Town of TrentonSupreme Court of Missouri · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Green v. RALSTON PURNIA COMPANYSupreme Court of Missouri · 1964
- Hancock v. CrouchMissouri Court of Appeals · 1954
- State v. Lasson.Supreme Court of Missouri · 1922
- Walsh v. Terminal Railroad Assn. of St. LouisSupreme Court of Missouri · 1944
7 more not listed; retrieve them via the Exa API.