Randolph v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. Chas. D. Stewart, Judge. Plaintiff’s instruction number 1 is erroneous. (a) It declares it the legal duty of defendant to return plaintiff from National Stock Yards, Illinois, to Edina, Missouri, without expense because he had shipped a carload of horses from Edina to National Stock Yards. His contract provided: “No return transportation will be given.”
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Appeal from Knox Circuit Court. — Hon. Chas. D. Stewart, Judge. Plaintiff’s instruction number 1 is erroneous. (a) It declares it the legal duty of defendant to return plaintiff from National Stock Yards, Illinois, to Edina, Missouri, without expense because he had shipped a carload of horses from Edina to National Stock Yards. His contract provided: “No return transportation will be given.” His pass was a gratuity. . (b) Said instruction permits a recovery if plaintiff boarded defendant’s train “believing he had a right to ride on the drover’s ticket which plaintiff then had. There is no…
1Opinion of the CourtBland, P. J.
On June 8, 1904, plaintiff was. put off of defendant’s passenger train at West Quincy on account of his refusal to pay $1.55, the regular fare from Q.uincy to Edina, Missouri, the latter station being plaintiff’s destination. He was also compelled to pay fare from St. Louis to Quincy, having in his possession at the time a drover’s ticket over defendant’s road from St. Louis to Edina, on which he claimed the right to passage. Plaintiff prayed for both actual and punitive damages. The verdict of the jury was in his favor for the sum of $75, for which amount the' court rendered judgment. The…
2Cases cited2 opinions
- Lillis v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Condran v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
3Cited by6 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Berry v. Kansas City Public Service Co.Supreme Court of Missouri · 1938
- Magill v. Boatmen's BankSupreme Court of Missouri · 1921
- In Re the Guardianship of BrownWashington Supreme Court · 1940
- Winn v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1912
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