Bland v. Southern Pacific R.R.

Citations

• 55 Cal. 570
• 1880 Cal. LEXIS 325

Syllabus

<p>Railboad—Ejectment oe Passenger eor Eailttbe to Pat Eabe—Rescission oe Contract.—The plaintiff entered the defendant’s cars without procuring a ticket, and handed to the conductor the ticket fare. The conductor thereupon demanded of the plaintiff the additional amount required by the rules of the company to be paid by persons paying on the train, and, on the plaintiff's refusal to pay, ejected him from the cara, and then returned him Ms money. Held, that the conductor had no right to eject the plaintiff without first returning the money which he had paid.</p>