Gorman

The plaintiff brought this action to recover damages, resulting from his wrongful expulsion from a railroad train owned and operated by the defendant.

It is alleged in the complaint that on the twenty-first day of May, 1890, plaintiff was desirous of being conveyed from Antioch, in Contra Costa County, to Bethany, in San Joaquin County, upon defendant’s railroad train) and that he paid to defendant’s agent at Antioch the usual fare for that purpose, and received in return a ticket entitling him to such conveyance on the regular passenger train running between the two places named; that he got aboard the train, and soon after leaving Antioch the conductor thereof took up his ticket, and thereafter, and before reaching Bethany, to which place the ticket entitled him to ride upon the train, forcibly and with violence expelled and ejected him from the train, and refused him the privilege of riding thereon the balance of the distance to Bethany, about twenty miles; that he sustained damages in consequence of his forcible and violent ejectment from the train, as aforesaid, in .the sum of ten thousand dollars, for which he asked judgment.

The answer of the defendant denied that…