St. Louis, Iron Mountain & Southern Railway Co. v. Brown
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This is an action of tort brought by C. L. Brown against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for ejection from one of its passenger trains. Plaintiff, was a citizen of Arkadelphia, Arkansas, which is a station on defendant’s line of railroad.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This is an action of tort brought by C. L. Brown against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for ejection from one of its passenger trains. Plaintiff, was a citizen of Arkadelphia, Arkansas, which is a station on defendant’s line of railroad. On Saturday night of the 17th day of October, 1908, a clerk at the railroad office at said station came into the hotel where Brown was eating supper. Plaintiff asked him what he had in the way of mileage when the three cent rate went…
1Opinion of the Court
Hart, J.,
(after stating the facts.) We do not think the plaintiff is entitled to recover in this case. One of the conditions of the .ticket was that it could not be used for passage between points in the State of Arkansas after the maximum rate of three cents per mile was charged. The change was made pursuant to the terms of an order of injunction issued by the United States Circuit Court, and a three cent rate for intrastate travel was put into effect on the 18th day of October, 1908; and plaintiff knew of this fact before he boarded the defendant’s train for passage on the day he was…
2Cases cited5 opinions
- Hot Springs Railroad v. DeloneySupreme Court of Arkansas · 1898
- Western Maryland Railroad v. StocksdaleCourt of Appeals of Maryland · 1896
- Russell v. Missouri, Kansas & Texas Ry. Co.Court of Appeals of Texas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. BatySupreme Court of Arkansas · 1908
- Pittsburgh, C., C. & St. L. Ry. Co. v. DanielsAppellate Court of Illinois · 1900
3Cited by1 opinion
- St. Louis Southwestern Railway Co. v. HammettSupreme Court of Arkansas · 1911