Bland v. Southern Pacific R.R.

McKinstry, J.; The complaint alleges that while plaintiff was a passenger upon defendant’s cars, the defendant unlawfully, maliciously, and wantonly assaulted, beat, bruised, insulted, and maltreated plaintiff, and with force of arms ejected him from said cars. The answer is a denial, and, as a further defense, that after the train had started upon a regular trip to San Francisco, plaintiff informed the conductor in charge of the train that he intended to and would be transported from San José to San Francisco; that the conductor demanded of plaintiff that he exhibit a ticket, or pay the regular and uniform price for fare; that plaintiff refused to exhibit a ticket or to pay the regular fare, and thereupon, and after a reasonable time had expired, after said demand and refusal, the plaintiff was, by the servants of defendant, removed from the cars, without force, or violence, or injury, or insult.

As appears from the bill of exceptions, the plaintiff entered the cars as a passenger at San Jose, in a train bound for San Francisco, but stopping at intermediate points, amongst others at Eedwood City. That the plaintiff might have purchased a ticket at San José, but did not do so on account of arriving at the depot just as the train was starting. That when about four miles from the City of San José the conductor came to where [572]the plaintiff was sitting, and the plaintiff handed him. $2 in sib ver. That the conductor put said money in his pocket, and informed plaintiff that the fare was $2.20—that the ticket fare from San José to San Francisco was $2, and the train fare was $2.20; that the ticket fare to Eedwood City was $1, and the train fare $1.10. That when the plaintiff handed the conductor the $2, nothing was said by either party as to where the plaintiff was going or intended to go, but it was the plaintiff’s intention to proceed on that train as far as Eedwood City, and there lay over until the next train. That after the demand for the extra twenty cents by the conductor, the plaintiff refused to pay the same, and thereupon the conductor signaled the train to stop. When the train had slowed up, the plaintiff offered to pay said conductor the twenty cents demanded, and Avas then ready and Avilling and had the money in his hand to so pay; but the conductor refused to accept it, there being a regulation of the company (Avhich regulation Avas duly given in evidence) forbidding the conductor from accepting fare from passengers after the train had been stopped on account of their refusal to pay fare. That Avhen it had stopped, the conductor laid hands upon the plaintiff, pulled him out of his seat, and, having hold of his coat collar, pushed him out of the car. That as the plaintiff Avas in the act of alighting from the car, the conductor handed him back the two dollars ; that the conductor did not at any time tender or offer to the plaintiff any money before that time. That the conductor did not give back to plaintiff the two dollars Avhich he had paid, nor any part thereof, nor offer nor tender the same, nor any part thereof, nor any money Avhatsoever, until after he had pulled him out of his seat and pushed him out of the car as above stated.