Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1891-04-23
AN IMPORTANT LEGAL DECISION

The following circular. just issued by
the general passenger agent of the South
ern Pacific railroad, is of special interest
to the railways and public at large:
On May Is, 1889, two unlimited first
class tickets of the issue of the Union
Pacific Railway company for San Diego,
CAL, were presented by H. E. Drum
mond and wife for their passage over this
company's road from Ogden, Utah, to
Los Angeles, Cal.
The tickets were sold at Blue Rapids,
Kan, on April Is, 1889, to one E. X.
Campbell. The selling agent had allow
ed the tickets to leave his hands without
the passengers signature to the contract
or that OF himself as witness thereto.
The purchaser (CampbelD used the
tickets for passage to Ogden and then
disposed of them to ticket broker, by
whom they were sold to Mr.. Drummond.
Under our rules and because the tickets
had been transferred, our conductor de-
cllned to accept them for the passage of
required to leave our train at Promon-
tory, Utah, and purchase local tickets.
As result. Mr.. Drummond sued this
l.
Utah for $4,000 damages. On the trial,
the judges charge to the jury on Feb. %,
1890, was such as to result in a verdict
for the plaintiff in the sum of sl15.75.
An appeal was taken by this company
from this verdict to the supreme court of
the territory Of Utah, and the decision of
the lower court was reversed on Feb. 3,
1891. This decision is of special interest
to railroad companies. We, therefore,
give you the full text thereof. Respect
fully yours, r. H. GOODMAN,
General Passenger Agent.
In the supreme court of the territory
of Utah, January term 1891.
Appeal from First district, HIP. Hend-
erson, judge.
Il. E. Drummond, respondent, VS.. The
Southern Pacific company, appellant.
Appearan ces-ThosM Maloney, A. Perrin,
John N. Perkins, attorneys for 1eapon-
dent. Marshall 4 Royle, attorneys for
appellant.
Blackburn, J.
Plaintiff purchased OF ticket broker
in Salt Lake City, in May, 1889, two
tickets to San Diego, California, for him
self and wife, over the defendant COM
rany's road. They rode on them to Pro-
montory, and the conductor refused to
honor the tickets and took them up and
required the plaintiff to pay full fare
for himself and wife to their
destination, or be put off the train. The
plaintiff paid the fare. and this suit Is
brought to recover damages for this
breach of duty as claimed by the plain
tiff. The plaintiff recovered judgment
below, and the defendant appeals assert
ing that it was the duty of the conductor
to refuse to honor the tickets and take
them up and compel the plaintiff to pay
full fare or leave the train The tickets
were contract tickets, and. amongst
others, contained this condition:
'Third-If not SO used; if more than
one date is cancelled, or if presented by
any other person than the original holder
this ticket is void, and the conductor will
take up and collect full fare"
This class of tickets are usually signed
by the purchasers, but these were not.
These tickets we're sold at Blue Rapids
Kan, by an agent of the Union Pacific
company and used to Salt Lake CITY, and
there sold to the ticket broker.
Before purchasing the tickets the
plaintiff went to the ticket office of the
Union Pacific company at Salt Lake
City with the ticket broker and had the
following conversation and the following
transaction: "Saw Mr.. Ingalls, who was
an employe Of the said company, and
told him the plaintiff wished to purchase
these two tickets. He looked at the
tickets and saw where they were sold and
said all right, you can sell them and we
will guarantee You will get through all