Serwe v. Northern Pac. R.
Supreme Court of Minnesota
Appeal by defendant from the judgment of the district court of' Hennepin county, Canty, J., entered July 28, 1891, for plaintiff for $575.58. On November 23, 1890, plaintiff, being at Butte, Mont., and unwell, got Mr. Murphy to go to the ticket agent of the Northern Pacific Railroad Company at that place, and purchase a ticket for him from Butte, Mont., to Kansas City, Mo., by way of St. Paul, Minn.
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Appeal by defendant from the judgment of the district court of' Hennepin county, Canty, J., entered July 28, 1891, for plaintiff for $575.58. On November 23, 1890, plaintiff, being at Butte, Mont., and unwell, got Mr. Murphy to go to the ticket agent of the Northern Pacific Railroad Company at that place, and purchase a ticket for him from Butte, Mont., to Kansas City, Mo., by way of St. Paul, Minn. At 10 o’clock that night he took the passenger train; after getting out a few miles the conductor came along, and refused to accept the ticket, and required him to pay his fare or leave the train.…
1Opinion of the CourtMitchell, J.
The cause of action alleged in the complaint is that the plaintiff having purchased a ticket over defendant’s road from Butte, Mont., to St. Paul, and having taken passage for his destination on one of defendant’s regular passenger trains, and having on demand delivered his ticket to the conductor, the latter refused to ac*80cept it in payment of his fare, and required and compelled him, against his will, to leave the train at a station 10 miles out from Butte. The ticket, which was in evidence, showed on its face that it was sold at reduced rates, and was not transferable; that is, could only…
2Cases cited2 opinions
- Carsten v. Northern Pacific RailroadSupreme Court of Minnesota · 1890
- Hoffman v. Northern Pacific RailroadSupreme Court of Minnesota · 1890
3Cited by3 opinions
- Preiser v. WielandtAppellate Division of the Supreme Court of the State of New York · 1900
- Ransberry v. North American Transportation & Trading Co.Washington Supreme Court · 1900
- Shepherd v. Pocahontas Transportation Co.West Virginia Supreme Court · 1926