Cherry v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Franklin Ferriss, Judge. (1) The Santa Fe Railroad was not the general agent of the appellant. Such an agency could only arise by reason of some arrangement existing between tbe two companies. Railroad v. Railroad, 51 Fed. 465. No general arrangement is shown by the evidence.
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Appeal from St. Louis City Circuit Court. — Now. Franklin Ferriss, Judge. (1) The Santa Fe Railroad was not the general agent of the appellant. Such an agency could only arise by reason of some arrangement existing between tbe two companies. Railroad v. Railroad, 51 Fed. 465. No general arrangement is shown by the evidence. The only authority from the Chicago & Alton to the Santa Fe to issue tickets over its line for this occasion is contained in Circular Letter No. 7730. That circular letter created a special agency at most. Railroad v. Ford 53 Tex. 371; Story on Agency, 126. (2) A party…
1Opinion of the CourtMarshall, J.
This is an action for $5,000 actual damages and $5,000 punitive damages, alleged to have been sustained by plaintiff on the 28th of July, 1900, by being assaulted, maltreated, maimed and ejected from the defendant’s train by the conductor thereof, at Alton, Illinois.
The answer is a general denial, coupled with two special defenses, to-wit: first, that if plaintiff was ejected from defendant’s train it was because he presented for passage a limited special excursion ticket-issued by the agent of the Atchison, Topeka & Santa Fe Railway, at Fresno, California, for a continuous passage from…
2Cases cited6 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- St. Louis, Arkansas & Texas Railway Co. v. MackieTexas Supreme Court · 1888
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Jeffersonville Railroad v. RogersIndiana Supreme Court · 1867
- Dawson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Leyser v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
- Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910