Allegheny Valley Railroad v. McLain
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1879, No. 86. Trespass vi et armis by A. B. McLain against the Allegheny Yalley Railroad Company, to recover damages for being ejected from the cars of defendant by one of its conductors. The material facts are stated in the opinion of this court.
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Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1879, No. 86. Trespass vi et armis by A. B. McLain against the Allegheny Yalley Railroad Company, to recover damages for being ejected from the cars of defendant by one of its conductors. The material facts are stated in the opinion of this court. There was not a scintilla of evidence in any part of the case going to show that the defendant in any manner or form commanded, authorized, or permitted the act complained of by the plaintiff. Trespass vi et armis will not lie against a railroad corporation for an…
1Opinion of the CourtJustice Sterrett
The main question in this case is, whether upon the allegations of fact on which the plaintiff in the court below relied, and which must have been found by the jury, the action of trespass vi et armis can be sustained? He contended that the ticket which he purchased and tendered to the conductor was a round trip ticket from Brookville to DuBois; that it was a general ticket, containing no condition limiting its use to trains running between the points *443named of to a continuous trip from the one point to the other. On the other hand it was contended by the company that the ticket, by conditions…
2Cases cited1 opinion
- Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
3Cited by4 opinions
- Artherholt v. Erie Electric Motor Co.Superior Court of Pennsylvania · 1905
- Rohrback v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
- Maher v. HarrimanCourt of Appeals for the D.C. Circuit · 1935
- Wildasin v. Martin-Parry Corp., Pennsylvania Court of Common Pleas, York County1922