Lundy v. Cent. Pac. R.R.
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover damages against the defendant for expelling plaintiff from its cars while traveling as a passenger. The ticket issued to plaintiff, and upon which he was traveling at the time he was expelled, read as follows: “Issued by Union Pacific Railroad. One emigrant passage to San Francisco.
Read the full summary
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to recover damages against the defendant for expelling plaintiff from its cars while traveling as a passenger. The ticket issued to plaintiff, and upon which he was traveling at the time he was expelled, read as follows: “Issued by Union Pacific Railroad. One emigrant passage to San Francisco. “ Subject to the following contract: “ In consideration of this ticket being sold by the Union Pacific Railroad Company at less than regular first-class…
1Opinion of the CourtThornton, J.
-The court below, in granting the nonsuit in this case, misconceived the meaning of the contract for passage between the plaintiff and defendant. In our view, it was only-required of the plaintiff that he present himself at the cars of the Union Pacific Railroad Company, or of the defendant, and take passage at any time within nine days from the 12th day of March, 1874 The plaintiff took passage on the 21st of the same month, and was illegally ejected from the cars of defendant by its servant on the morning of the 25th following.
The admission of defendant showed clearly that the contract for…
2Cited by9 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. LooneyTexas Supreme Court · 1892
- Brian v. Oregon Short Line RailroadMontana Supreme Court · 1909
- Elliott v. Southern Pacific Co.California Supreme Court · 1904
- Gulf, Colorado & Santa Fe Railway Co. v. HenryTexas Supreme Court · 1892
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. KinsleyIndiana Court of Appeals · 1901
4 more not listed; retrieve them via the Exa API.