200 F. 128 | 8th Cir. | 1912
Justus Ohage brought an action against the Northern Pacific Railway Company for being denied admission to one of its passenger trains. At the conclusion of the evidence the trial court directed a verdict for the company, and he prosecuted this writ of error.
The plaintiff, who is a physician and surgeon of St. Paul, Minn., desired to visit a patient at the village of White Bear, about 12 miles distant. Personal business of importance required his return by a certain time in the evening, in order to make a railroad connection to another place. This was May 27, 1909. He obtained from a hotel in St. Paul a Northern Pacific folder dated April 1, 1909, and found from it that he could leave St. Paul in the afternoon, have time to attend his patient, and, returning, could take the Duluth limited, scheduled as departing from White Bear for St. Paul at 6 p. m. The folder showed that the train carried passengers locally between the two points; also that the company reserved “the right to vary therefrom without notice.” The plaintiff planned and acted accordingly, as the due time of the Eimited at St. Paul would enable him to make his connection and keep his business engagement. He went to White Bear, made his professional call, and repaired to the station shortly before 6 o’clock. He asked the agent if the Eimited was on time, and was informed it was. The train came in, discharged some passengers, and took on some express. The plaintiff sought to enter, but was prevented from doing so, first by a brakeman and then by the conductor. He was informed by them that the train did not carry passengers from White Bear to St. Paul. He missed his connection at the latter city, and the engagement mentioned.
In his petition he claimed damages for loss in his business, for the indignity and humiliation in the presence of people on the railroad platform, and for personal violence of the trainmen. The latter may be dismissed from further notice, as there was no evidence
The judgment is affirmed.