Tarbell v. Central Pacific Railroad
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. The charging portion of plaintiff’s complaint was as follows : “ Plaintiff avers that on the 29th day of January, A. D. 1867, plaintiff was at the Town of Auburn, and was desirous of going thence to the Town of Colfax, on the line of defendant’s said road, and did then and there, to wit: at the Town of Auburn, in said County of Placer, enter upon and into the regular passenger train of defendant,…
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Appeal from the District Court, Fourteenth Judicial District, Placer County. The charging portion of plaintiff’s complaint was as follows : “ Plaintiff avers that on the 29th day of January, A. D. 1867, plaintiff was at the Town of Auburn, and was desirous of going thence to the Town of Colfax, on the line of defendant’s said road, and did then and there, to wit: at the Town of Auburn, in said County of Placer, enter upon and into the regular passenger train of defendant, then and their passing between said Auburn and said Colfax, intending and contracting with defendant to be carried and…
1Opinion of the Court
By the Court, Sandebsoe, J.:
In actions of this character it is not necessary that the plaintiff should allege a strictly legal tender of his fare. It was so held in the case of Pickford v. The Grand Junction Railway Company, 8 M. & Wels. 372. It is sufficient to allege that he was ready and willing and offered to pay the defendant such sum of money as it was legally entitled to charge. The transportation and payment of the fare are contemporaneous acts. If the plaintiff was ready and willing and offered to pay the legal fare when demanded by the Conductor of the train, the defendant was bound…
2Cases cited2 opinions
- Perry v. WashburnCalifornia Supreme Court · 1862
- Aldrich v. PalmerCalifornia Supreme Court · 1864
3Cited by7 opinions
- Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
- Davis v. Southern Pacific Co.California Supreme Court · 1893
- Georgeson v. SteinhoferCalifornia Supreme Court · 1922
- White v. C. & O. Railway Co.West Virginia Supreme Court · 1885
- Pensick & Gordon, Inc. v. California Motor ExpressCourt of Appeals for the Ninth Circuit · 1963
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