Mason v. . R. R.

J., and ALLEN, J., dissenting. Civil action to recover damages for an alleged unlawful ejection of plaintiff from passenger train of the defendant.

This issue was submitted to the jury:

Was the plaintiff a passenger on the defendant's train, as alleged in the complaint? Answer: No.

There was a judgment for the defendant. The plaintiff excepted and appealed. The question presented by this appeal and raised by the assignments of error is whether the plaintiff was a passenger upon the defendant's train and unlawfully ejected. It is admitted that he was ejected by the conductor under direct orders…