The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 19 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... Plaintiff' bought an excursion a train which did not make the whole trip, and he was ticket at a reduced rate, which contained on its face the ejected. Held, that the ejection was proper. stipulation that it was good only for a continuous trip ACTION IN DAMAGES by a passenger for being unlawfully ejected from a train under circumstances stated in the head-note. The ticket read as follows: " Excursion--Elkton to Philadelphia--subject to conditions named in contract. Not good to FREEMAN v. NICHOLS. 435 stop off." And below the name of the defendant, the terms, "Three days' excursion. Return coupon. Philadelphia to Elkton;" and then follows this contract: "In consideration of the reduced rate at which this ticket is sold, it is agreed that it shall be used within three days, including the day of sale as stamped on the back, for a continuous trip only, and by its acceptance the purchaser becomes a party to and binds himself to a compliance with these conditions. It is not transferable nor good to stop off." The plaintifi appealed. A. (lonstable and W. T. Warburton, for appellant. W. I-/ones and A. Evans, for appellee. MILLER, J., in delivering the opinion of the court, said: We find no difiiculty in construing this contract. The conditions that the ticket shall be used "for a continuous trip only, and is not good to stop 05," means that a purchaser who accepts and uses it is bound to take a train which will carry him continuously through, from one city to the other, both in going and returning, and not to stop off at an intermediate station while going either way, and the obligation of the company is to carry him safely and to furnish trains which will thus carry hhn continuously...