Hoffbauer v. D. & N. W. R.
Supreme Court of Iowa
Appeal from Delaware District Qov/rt. The plaintiff took passage on tbe defendant’s cars at Delhi for Delaware Center, a distance of about four miles, and after riding a small portion of the distance was forcibly removed from the cars by tbe conductor. He brings this action to recover tbe damages which he alleges that he sustained by reason of the expulsion. The evidence in regard to the circumstances of the expulsion is somewhat conflicting.
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Appeal from Delaware District Qov/rt. The plaintiff took passage on tbe defendant’s cars at Delhi for Delaware Center, a distance of about four miles, and after riding a small portion of the distance was forcibly removed from the cars by tbe conductor. He brings this action to recover tbe damages which he alleges that he sustained by reason of the expulsion. The evidence in regard to the circumstances of the expulsion is somewhat conflicting. But according to the testimony of the plaintiff the facts were as follows: He went aboard the cars without procuring a ticket, his failure to procure a…
1Opinion of the CourtAdams, J.
1.bailkoads: Ecgieet to5' ticketse I. The court instructed the jury that “every railroad company may charge one rate of fare to those passengers who purchase tickets before taking their seats in the cars, and exact an additional sum of those who neglect to do so, and such a regulation is a reasonable one. The reasonableness of the regulation is a question of fact for the jury to decide under all the circumstances of the case.” The appellant insists that the court erred in instructing the jury that the reasonableness of the regulation was a question for them to decide.
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2Cases cited1 opinion
- Stone v. C. & N. W. R.Supreme Court of Iowa · 1877
3Cited by14 opinions
- Little Rock & M. R. v. BarryCourt of Appeals for the Eighth Circuit · 1898
- Kirk v. Seattle Electric Co.Washington Supreme Court · 1910
- Pickens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
- Texas & Pacific R'y Co. v. BondTexas Supreme Court · 1884
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