Southern Kansas Railway Co. v. Rice
Supreme Court of Kansas
Error from Johnson District Court. Action brought by Benjamin Rice against The Southern Kansas Railway Company on October 31, 1885, to recover as damages the sum of one thousand dollars for being unlawfully assaulted and ejected from a passenger car by the conductor thereof, while returning from Kansas City, Missouri, to Olathe, in this state, the plaintiff at the time having a ticket to ride as a passenger in the car.
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Error from Johnson District Court. Action brought by Benjamin Rice against The Southern Kansas Railway Company on October 31, 1885, to recover as damages the sum of one thousand dollars for being unlawfully assaulted and ejected from a passenger car by the conductor thereof, while returning from Kansas City, Missouri, to Olathe, in this state, the plaintiff at the time having a ticket to ride as a passenger in the car. Subsequently, the railway company filed an answer containing a general denial. Trial had at the March Term, 1886. The jury returned a verdict for the plaintiff, and assessed…
1Opinion of the Court
The opinion of the court was delivered by
Hoeton, C. J.:
On October 29, 1885, Benjamin Rice, a colored man, purchased of the ticket agent of the Southern Kansas Ráilway Company, at Olathe, in this state, for fifty cents, a limited railroad ticket to Kansas City, Missouri, and return, good for three days, the date of issue being stamped on the back. On that day-he was carried as a passenger by the railway company upon one of its passenger trains from Olathe to Kansas City. The “going coupon” of the ticket was torn off and taken up by the conductor of the train. On the next day, October 30th,…
2Cases cited5 opinions
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
- Hufford v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
- M. K. & T. Railroad v. WeaverSupreme Court of Kansas · 1876
- Titus v. CorkinsSupreme Court of Arkansas · 1879
3Cited by20 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- West v. Western Union Telegraph Co.Supreme Court of Kansas · 1888
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Clancy v. BarkerNebraska Supreme Court · 1904
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