Omaha daily bee., 1874-05-16
A TICKET QUESTION.
A Suit Interesting to Travellers.

A Suit Interesting to Travellers.
fFrSm the San Francisco Chropicle-l
On the 9Th of September, 1872,
Benjamin r. Drew purchased a
ticket at Omaha, Nebraska, enu-
Ting him to passage over the rail-
roads from Ogden to San Francisco.
On arriving at Brighton Station on
the Western Pacific railroad, he was
refused further passage by the con-
ductor of the train ON which he was
a passenger. Mr.. Drew, claiming to
have been summarily elected from
the cars, in violation of his contract
with the Central Pacific Railroad
Company, brought suit for $4,000
damages. The case came up i'm the
Twelfth District Court yesterday.
THE RAILROAD COMPANY's CLAIM.
In their answer to the complaint,
the Central Pacific alleged that the
tickets issued to the former, were at
q price less than the established rate
between the places named. That II
was good for one emigrant passage
lin emigrant cars) Onlyon presenta-
ton with the coupons attached, and
Furthermore, that the ticket was
good only for nine days from the
| date of issue; that the same should
be forfeited if not presented within
the time specified; that the plaintiff
left the train at a given point on the
route, and failed to comply with
the terms of the contract in not re-
suming his journey at the proper
time; that on presentation of the
ticket, after il had become absolutely
void, the plaintiff was not elected in
a summary manner, but that he
voluntarily left the train, taking his
baggage with him.
THE PLAINTIFFS VERSION.
Plaintiff stated that after he had
been elected, he was compelled to
walk back to Sacramento. Being
placed on the stand, he testified to
having bought his ticket, as stated
in his complaint. Soon after the
ears left Omaha the conductor came
along and took up his ticket and
gave him a check in place of it.
When he arrived at Ogden he in
quired of a man who, he was told,
was a Central Pacific conductor,
and who had on a badge marked
'Conductor," whether he would be
allowed to lie over at Salt Lake for
a few days. He was told that he
could stop over, but that he had
better be back at Ogden to take the
ears inside of a week. He then
went to Salt Lake to see a sick
friend, and remained two days. He
then went on to Sacramento with
out having any trouble about his
ticket. At Sacramento he got off
the ears to speak to a gentleman,
and missed the train, having there
by to stop over N night.
The next day-the 18th of the
month he got on board the
ears again, and when he reached
Brighton the conductor asked him
for his ticket. He reached it out
to him, when the conductor told
him that the time for which it had
been issued had expired, and that
he would have to pay his fare from
Sacramento to this city. He re-
fused to do this, and was %thereupon
elected from the train, together
with his baggage.
THE REGULATIONS OF THE ROAD.
The defendants counsel argued
that a special contract existed be-
tween the parties to the suit, where
by the plaintiff agreed in considera-
ton of being carried Over the road
at a reduced rate and in a second
class car, that he would make the
Journey in six days from the date of
Issuance of the ticket. Even if the
conductor did tell the plaintiff that
he could stop over a week, that
statement was not binding upon
the company in the face of the
original contract. After leaving
Omaha the conductor gave plaintiff
a check which was marked i'm plain
language "good for six days only"
as also was the original ticket.
A. n. Towne, General Superin-
tendent of the road, was called to
testify regarding the rules and reg
ulations of the road, but his testi-
mony was ruled out.
THE CONDUCTORS STORY.
Andrew Rider, the conductor of
the train on which Drew was a pas
senger, testified: The plaintiff held
a second class exchange ticket. 1
told him that was not good, and at
Brighton told him he must either
paw his fare or go off the cars. The
plaintiff chose to do the latter, and
| no VIOLENCE whatever was used.
Other witnesses testified to the
same fact i'm regard to Drew's leav-
ing the tain.
The defendant attempted to prove
! that after his arrival in this city the
| plaintiff requested c. G. Hayden to
procure him a situation on the rail-
| road, and made no complaint tohim
about his ejectment. The testimony
was ruled to be immaterial.
T. II. Goodman, the passenger
agent of the Central Pacific, testi-
fled: That according to the rules of
the Central Pacific a second-class
ticket die not in 1873 entitle the
holder to stop over on his journey.
The same rule obtains at the present
- - rafar.n.a 10 third class