Leyser v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (1) Plaintiff’s ticket had expired by limitation. He had no right to ride thereon, and defendant had a right to reject him. Boling v. Railroad Co., 189 Mo. 233; Lillis v. Railway, 64 Mo. 464. (2) The ticket presented to the conductor was conclusive evidence of the contract of carriage. The conductor could look only thereto. Woods v. Railroad, 48 Mo. App. 125; Percy v-. Railroad, 58 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (1) Plaintiff’s ticket had expired by limitation. He had no right to ride thereon, and defendant had a right to reject him. Boling v. Railroad Co., 189 Mo. 233; Lillis v. Railway, 64 Mo. 464. (2) The ticket presented to the conductor was conclusive evidence of the contract of carriage. The conductor could look only thereto. Woods v. Railroad, 48 Mo. App. 125; Percy v-. Railroad, 58 Mo. App. 75; Railroad, v. Burnett, 50 Fed. 496; Boling v. Railroad, 189 Mo. 219; Mosher v. Railroad, 127 U. S. 390; Boylan v. Railroad, 132 U. S.…
1Opinion of the CourtJohnson, J.
— Plaintiff sued the Chicago, Burlington & Quincy Railroad Company (known as the “Burlington”), the Pennsylvania Railroad Company and the Pennsylvania Company to recover actual and exemplary damages for his alleged wrongful ejection at Aurora, Illinois, from a Burlington passenger train. At the trial he took a voluntary nonsuit as to the last two named defendants and proceeded against the Burlington. He recovered judgment for $600 actual and $400 exemplary damages and the cause is here on the appeal of defendant.
On July 20, 1907, plaintiff applied to the agent of the Pennsylvania Company at…
2Cases cited5 opinions
- 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
- Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
- Glover v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- Cherry v. Chicago & Alton RailroadSupreme Court of Missouri · 1905
3Cited by3 opinions
- Truel v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1910
- Cook v. LuskMissouri Court of Appeals · 1914
- Cornell v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1910