Legal Opinion

Phelps v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided November 14, 1913PublishedCited by 1 opinion

Appeal from Johnson District Court. — Hon. R. P. Howell, , Judge. Action to recover damages for an alleged assault and battery committed by a conductor in charge of one of defendant’s trains. From a verdict and judgment for defendant, plaintiff appeals.

1Opinion of the CourtWithrow, J.

Appellant on July 11, 1910, purchased a ticket for transportation over the line of' the appellee from Cedar Rapids to Independence. He boarded the train at Cedar Rapids. The seating accommodation being inadequate for all passengers, he, with others, went to the rear platform, where, as averred, he was required to remain for want of a seat. After the train left Cedar Rapids he and another passenger were sitting on the top step of the rear platform, when the conductor came and demanded tickets. Plaintiff charges that upon such demand being made he exhibited his ticket to Independence, and…

2Cases cited6 opinions

  1. Treschman v. TreschmanIndiana Court of Appeals · 1901
  2. Hall v. RankinSupreme Court of Iowa · 1893
  3. Vance v. RichardsonCalifornia Supreme Court · 1895
  4. Day v. RossMassachusetts Supreme Judicial Court · 1891
  5. Keller v. LewisSupreme Court of Iowa · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Beck v. ScottSupreme Court of Iowa · 1919

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