Missouri Appeal Reports Volume 192

Missouri Appeal Reports Volume 192

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...appear next morning at nine o'clock. He appeared and demanded a trialbut he was told the matter was adjourned until one o'clock. He returned at that time and finding no one there left and the same day purchased another ticket and went home. It seems that on plaintiff being locked up, Murphy immediately set to work in an effort to get him out of jail. He got some friends and a lawyer, roused the chief of police and finally secured an order that he be released. If the evidence in behalf of plaintiff is to be believed, (and since the verdict it must be accepted as the facts in the case) plaintiff had purchased a ticket for Belleville and was entitled to board the car which he attempted to enter, unless he was intoxicated; that being defendant's excuse for its servants not allowing him to do so. It was conceded at the trial by plaintiff that the defendant's servants had a right to exclude an intoxicated person from the train, and instructions for each party submitted the question of plaintifi's condition in that respect, to the jury. There was abundant evidence to sustain the finding that he was not intoxicated. The first complaint by defendant is directed at plaintiff's instruction No. 4, on the first count relating to the refusal to allow plaintiff to get upon the car and to carry him home. It stated that plaintiff was entitled to a finding in his favor on that count, if defendant "without any fault on plaintiff 's part," refused to let him on the train. Defendant insists that even though plaintiff was not intoxicated, yet if its servants "in good faith believed he was" they were to be excused for refusing to carry him, and that the instruction omitted that defence. As to...show more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236948564
  • 9781236948564