Charlotte L. Brown vs. Omnibus Railroad Co., Copy Complaint

12th District Court

Charlott L. Brown

J. 135 vs. 10.588

Omnibus Railroad Co

Copy Complaint

Burnett and Benzen

Plffs. Attys

In the Twelfth District Court of the State of California in and for the City and County of San Francisco

Charlotte L. Brown vs. "The Omnibus Rail Road Company"

The plaintiff Complains of the above Defendants - The Omnibus Rail Road Company and Says:

That the said Defendants are a corporation duly organized under the laws of the State of California.

That the said Defendants are engaged as common carriers of passengers by Rail-Road for hire from at or near the Southern end of Third Street along Third Street to Howard Street, along Howard Street to Second Street, along Second Street to Market Street, along and across Market Street to Sansome Street, along Sansome Street to Washington Street, along Washington Street to Stockton Street, along Stockton Street to Union Street, along Union Street to Powell Street, along Powell Street to or near its Northern end and from at or near the Northern end of Powell Street along Powell Street to Union Street along Union Street to Stockton Street, along Stockton Street to Washington Street, along Washington Street to Sansome Street, along Sansome Street to Market Street, along and across Market Street to Second Street, along Second Street to Howard Street, along Howard Street to Third Street and along Third Street to said place at or near the Southern end of Third Street: all being within the City and County of San Francisco State of California upon their cars drawn by horses and mules and have been such common carriers from the first day of March A.D. 1863 hitherto.

That after the first day of March A.D. 1863 to wit on the seventeenth day of April A.D. 1863 this Plaintiff entered into one of the passenger cars of the said Defendants at Powell Street near Filbert Street and between Union Street and the Northern extremity of the Defendants said Railroad for the purpose of being transferred and carried by said Defendants in said car from the place last abovementioned to said Howard Street between Second Street and Third Street aforesaid and that she so entered with the knowledge and assent of said Defendants for the purpose aforesaid and then and there became and was a passenger on board the said car last aforesaid of said Defendants: and after the said Defendants had carried this Plaintiff as such passenger along said Powell Street from the place where Plaintiff took said car as aforesaid to said Union Street along Union Street to said Stockton Street and along said Stockton Street to a (?) near its intersection with Jackson Street in said car upon their said Road for purpose of taking her to said Howard Street between said Second and said Third Streets the said Defendants without any lawful cause with great force and violence and at a place other than a usual stopping place for said Defendants for leaving passengers, whose destination was said Howard Street between Second and Third Streets, ejected and turned her, the said Plaintiff out of and from said car which she had so entered and then and there declined and refused to carry or further transport her on their said road and greatly injured this Plaintiff in her person. That which Plaintiff was so upon the car of Defendants she had in her possession a ticket which she had before that time purchased of Defendants and paid the full consideration therefor which entitled Plaintiff to be received and considered as a passenger willing to pay her fare upon her presentation of the same to Defendants conductor of and upon said car, and that the said conductor came around for the fare of the passengers while Plff. was so upon said car and she therefore presented said ticket in compensation of her fare for travelling the distance for which Plff had entered said car as before stated.

That by means of the (?) this Plaintiff has sustained damage to the amount of five thousand Dollars.

Wherefore the Plaintiff prays a judgement against the Defendants for five thousand Dollars Damages and Costs.

Burnett and Benzen

Plaintiffs Attorneys