Morning journal and courier., 1880-08-12
City Court Notes.

In the City Court yesterday morning, George W. Ennis, the commercial traveller who refused to pay his fare from Hartford because he bought through ticket to this city, was up for trial. The evidence showed that on the ticket bought by Ennis was print ed, "Good for one continuous trip" The check he received after leaving Springfield had printed upon it, ''Not good for stop over check" The defendant stated in evil dence that he bought the ticket in good faith and with no intention to defraud the railroad company, and supposed he had right to ride
 MT. Pickett, for the State, argued that the railroad company under their charter had a right to make their own rules regarding no stop-overs. He then said that before reach ing Hartford Ennis was informed of the rule but nevertheless stopped and afterward de- hberate1y took another train with the inten- tion of not paying his fare. The company had contracted to carry him upon one con- tinuous trip. The question was whether the violation of this contract was a fraudulent evasion or one for which the accused was liable civilly.
 Colonel Robertson claimed it was unsettled yet, in civil law, whether the company could recover from Mir. Ennis after he had paid his fare once, despite the no stop over rule There were decisions both ways. But there was no fraud against the railroad company, for it had received money for the full dis tance, paid by Mir. Enn7S under the belief that he could as he had done stop over at Hartford. The conductor merely said, as he understood it, that he was not giving stop over checks now No fraudulent intent could be drawn from Mr. Ennis acts, for he be- ieved he had right to ride.
 Judge Pardee said he had no doubt it was entirely competent and legal for the railroad company to refuse to carry man by install ments if the passenger understood 1t in the first place. That was the common law con- corning carriers. It is matter of contract Mir. Ennis knew before he got to Hartford that to avail himself of that contract he had either got to ride through to New Haven or stop at Hartford, reserve his ticket and go to the company to recover his money back again. He gave up the trip for his own con venience, knowing that he would give up the contract by so doing. Then he took another train, intending to avoid the pay ment of that particular ride Saturday after noon from Hartford to New Haven, claiming he had paid for it. The ticket he offered was merely voucher, and could not be taken on any other train. The judge had doubts whether the case came within the fraudulent clause. Here is claim of right, but not 8 legal claim as he viewed it. The claim of right could not be considered although Mir Ennis had color of right. MT. Ennis offense came within the spirit and letter of the law He should fine him $10-the minimum being $5 and the maximum $20.
 John Green, of Lafayette street, was tried for stealing horse, the property of P. B. Norton, of Waterbury. The testimony showed that Green traded the horse stolen from Nor ton with William E. Roberts of Whalley avenue, this city. Green in his own behalf said that he bought the horse of Robert Dun lap at No. 12 Universally Pace, last Sunday, and afterward traded with Roberts. The case was continued until day in order that Green could corroborate his story by other witnesses His bonds were placed at $500.