Elser v. Southern Pacific Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County and from an order denying a new trial. M. H. Hyland, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is an action to recover damages brought by plaintiff for having been ejected from a passenger train of the defendant. The verdict and judgment were for the plaintiff, and from a judgment and order denying defendant’s motion for a new trial this appeal is prosecuted.
It appears from the transcript that in the month of August, 1903, there was to be a pugilistic contest at San Francisco, and that the defendant made a special rate from Los Angeles to that city for all who desired to visit San Francisco at that time. One Harry Stuart conducted an excursion or “prize-fight train” from Los…
2Cases cited4 opinions
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
- Jardine v. CornellSupreme Court of New Jersey · 1888
- Tarbell v. Central Pacific RailroadCalifornia Supreme Court · 1868
- Gulf, Colorado & Santa Fe Railway Co. v. ConderCourt of Appeals of Texas · 1900
3Cited by3 opinions
- Collins v. JonesCalifornia Court of Appeal · 1933
- Comisky v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1916
- Clare v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1913