McGinnis v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court, Hon. E. L. Edwards, Judge. Statement of case by the court. This is au action to recover damages occasioned by the wrongful act and conduct of defendant’s conductor toward the plaintiff, as a passenger on one of defendant’s passenger trains.
Read the full summary
Appeal from Cole Circuit Court, Hon. E. L. Edwards, Judge. Statement of case by the court. This is au action to recover damages occasioned by the wrongful act and conduct of defendant’s conductor toward the plaintiff, as a passenger on one of defendant’s passenger trains. The petition alleges, substantially, that on or about the third day of July, 1883, the plaintiff, who resided at Jefferson City, Missouri, applied to the agent of defendant, at said station, for a commutation ticket to St. Louis and return, the defendant then offer-, ing for sale what was known as fourth of Jnly excursion…
1Opinion of the CourtPhilips, P. J.
— I. The question most pressed upon our consideration on this appeal is, as to the form of the action, and the proper measure of damages. The insistance of apj>ellant is that the petition counts upon the tort of the conductor for a wrongful ejection from the cars, and as the conductor was acting in the line of duty in declining to accept the ticket pursuant to the regulations and instructions from his principal, and the fault, if any, of the defendant, was that of the ticket agent, the petition should have counted upon the ticket agent’s negligence, in which case, the only damage recoverable…
2Cases cited8 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Logan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
- Webb v. CarterMissouri Court of Appeals · 1906
17 more not listed; retrieve them via the Exa API.