The Portland daily press., 1876-01-18
Su preme judicial Court.
BEFORE JUDGE WALTON.

Observation-Disclosures B. Broad VS.. Eastern Rail-
road nd Emily B. Broad vs. Same. Two cases tried
together.
Case for ejecting from the train at Salem October
22d, 1874, while on their way from Boston to Port
land the plaintiffs claiming right to reverse ride on
the train by virtue of two tickets acknowled to be
good from Portland to Boston. By usage of the
company a ticket from Portland to Boston not
punched was allowed to be taken as good for a re-
verse ride; but these tickets were from Bangor to
Boston, had been used and punched from Bangor to
Portland, acknowledged to be good from Portland to
Boston, but refused for the reverse ride, on the
ground that they had been punched. The plaintiffs
at the trial did not insist upon the right to ride by
virtue of these tickets alone but claimed the right
by virtue of special arrangements made with two
conductors, with conductor Towe at Portland, who
told plaintiff that the tickets good either way,
and with conductor Pousland at Lynn who told him
that he might continue to Portland and adjust the
matter there. The husband claims special damage
by loss of business from detention, and both claim
punitive damages.
Defendants deny the right of the plaintiffs to ride
on such tickets the right of the conductors in vio
ation of express orders to confer such right deny
that Towe at Portland told plaintiff that these par
ticular tickets were good tor reverse ride and
contend that if he did, his action was not binding up
on the company or the other conductors, they not
being informed of it, that Hutchinson was not bound
by Towe's arrangement n-volation Of orders with
out notice that it was the plaintiffs duty to inform
Hutchinson of that arrangement, if he relied upon
it, that he cannot take advantage of his own neglect
to do SO; that the arrangement with Pousland was
not as the plaintiffs aege, he local assistant con-
ductor from Boston to Salem refused the tickets on
the train advised plaintiffs to secure tickets at Lynn
the first stopping station that plaintiffs got out tha
the arrangement that he made with them was not
that they might ride to Portland on these ticKets
but that they might ride to Salem and buy tneir
tickets there or make their peace with the head con-
ductor that on these premises plaintiffs had no rlgnt
to ride further than Salem and that that Hutchinson
was justified in ejecting them from the train.
Gustavus b. Broad, plaintiff, testifes, that in COM
pny with his wife and daughter the goth OF Octo-
Der he left home in Portland with the intention o1
going to Boston and returning by the Eastern Rail-
road that he had in possession six tickets which he
hoped were good for the ride for his party up and
back that to make ii certain, he procured an intro
duction to conductor Towle showed him tickets, the
two question, two Others precisely like them, one
n Boston e. Maine ticket and one ticket on tn
C,itv of Richmond, which had been used as far al
Portland that he told Towle if the tickets
good for ride both ways he would exchange them
hat Towle took these tickets IN his haus anu saio
him, they were good for ride both ways .na'
ok them on the strength of this tney tooA 'ne oal
for Boston and surrendered three tlckets' anu :"
days after started to return; the three goe oh
the rear car of the Eastern Railroad and staroeu
wards Portland; conductor Pousland came for tlci
ets handed him the three tickets, the red ticket