Eads v. Metropolitan Railway Co.
Missouri Court of Appeals
Appeal from the Jades on Circuit Court— Hon. John W. Henry, Judge. Statement by the court. This action is for damages for being forcibly ejected .from one of defendant’s cable street cars by one of its conductors. Plaintiff entered the car where there were other passengers, including ladies. He paid his fare by giving the conductor a dime, the conductor returned to him a nickel, and passed' on out into the gripcar collecting fares.
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Appeal from the Jades on Circuit Court— Hon. John W. Henry, Judge. Statement by the court. This action is for damages for being forcibly ejected .from one of defendant’s cable street cars by one of its conductors. Plaintiff entered the car where there were other passengers, including ladies. He paid his fare by giving the conductor a dime, the conductor returned to him a nickel, and passed' on out into the gripcar collecting fares. Plaintiff presently discovered that the nickel was mutilated, and, on the conductor’s return to the rear car, gave it back to him, receiving in its stead five…
1Opinion of the CourtEllison, J.
It is everywhere agreed that carriers must treat their passengers with respect and must endeavor to protect them from injury or insult, not only by their employes but from strangers and •fellow-passengers. Spohn v. Railroad, 87 Mo. 74.
Public vehicles where women and children are frequently found, and where they have a right to demand security from disorderly scenes, are especially ill adapted to exhibitions of belligerence either on the part of the carriers, servants or the passengers. The price of a *543passenger’s right to carriage, good treatment and protection by the carrier is not alone the…
2Cases cited5 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Pendleton v. KinsleyU.S. Circuit Court for the District of Rhode Island · 1871
3Cited by12 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Exton v. Central RailroadSupreme Court of New Jersey · 1898
- Hunter v. Kansas City Railways Co.Missouri Court of Appeals · 1923
- Mitchell v. United Railways Co.Missouri Court of Appeals · 1907
- Dwyer v. St. Louis Transit Co.Missouri Court of Appeals · 1904
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