Boling v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) This action sounds in tort and not in contract. It is predicated on the general common law duty that the defendant as a common carrier owes to one rightfully on its train as a passenger.
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Transferred from St. Louis Court of Appeals. (1) This action sounds in tort and not in contract. It is predicated on the general common law duty that the defendant as a common carrier owes to one rightfully on its train as a passenger. Wood v. Railroad, 32 Wis. 298; Bank v. Brown, 3 Wend. 158; Stone v. Railroad, 47 Iowa 88; Wabash v. Railroad, 42 Wis. 23. (2) The general rule is that an ordinary ticket does not constitute the contract of carriage, but it is a mere token, or the evidence of a contract which the law creates and which lies back of and behind the ticket. But when, as here, the…
1Opinion of the CourtGantt, J.
This is an action by Mrs. Julia M. Boling, who resides at Claremore, Indian Territory, against the defendant company, for damages for being ejected from one of its trains at Pacific, Missouri, April 6, 1900. The petition alleges the purchase of a railroad ticket from the defendant company at Joplin, Missouri, entitling her to passage from Joplin to Chickamauga, Georgia, and return, and then alleges that “before beginning her return passage, said ticket was duly signed by her, and her signature witnessed and the same countersigned by the agent of the defendant’s connecting line at Chickamauga,…
2Cases cited24 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Central Railroad & Banking Co. v. RobertsSupreme Court of Georgia · 1893
- Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
- Boylan v. Hot Springs RailroadSupreme Court of the United States · 1889
19 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Dickey v. HolmesSupreme Court of Missouri · 1907
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Crutcher v. Big FourMissouri Court of Appeals · 1908
- Smith v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Brian v. Oregon Short Line RailroadMontana Supreme Court · 1909
14 more not listed; retrieve them via the Exa API.