Bland v. Southern Pacific Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a new trial. Action for damages for injuries caused by the forcible expulsion of plaintiff from a car of defendant. The ground of the expulsion was the refusal of the plaintiff to exhibit a ticket, or pay the full amount of fare required by the regulations of defendant.
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Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a new trial. Action for damages for injuries caused by the forcible expulsion of plaintiff from a car of defendant. The ground of the expulsion was the refusal of the plaintiff to exhibit a ticket, or pay the full amount of fare required by the regulations of defendant. The plaintiff had entered the car with the design of going from San Jose to San Francisco, but had not purchased a ticket. The rate of fare when paid upon the train was slightly in excess of the amount charged at the ticket…
1Opinion of the Court
The Court.
—1. The first point made by appellant is that the verdict is contrary to the evidence, for the reason that plaintiff was rightfully expelled from the train of defendant, without unnecessary force, and at a proper place.
Appellant contends the evidence proved that the conductor of the train offered to return, and did return to plaintiff the two dollars paid as and for his fare, before he ejected plaintiff from the car.
The plaintiff testified: “When we got to the platform he put his hand in his pocket and handed me the two dollars, holding me all the time with the other hand. As he…
2Cases cited1 opinion
- Bland v. Southern Pacific R.R.California Supreme Court · 1880
3Cited by5 opinions
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- Clare v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1913