The Dickinson press., 1891-04-25
AN IMPORTANT LEGAL DECISION
AS TO TIE USE OF RAIL-
ROAD TICKETS.

inc following circular, just issued by the gen
r0nd, ls of special interest to the railways and
public at large:
San Francisco, March II, 1901.
On May 10, 1850, two unlimited first Glars
tickets of the issue of the Union Pacific Railroad
company for San Diego, Cal, were presented by
II: Il. and wife for their passage over
this commny's road from Ogden, Utah, TO Los
This tickets were sold at Blue Rapids, Kan, on
April 10, 1889, to one L. X. Campbell. The SELL
ing agent mad allowed the tickets to leave his
hands without the passengers signature TO the
contract or that of himself ns witness thereto.
The purchaser (CampbclD used the tickets for
passage 70 ogden and then disposed of them to a
ticket broker, by whom they were sold TO MT.
DrummOnd.
Under our rules and because the tickets had
been transferred, our conductor declined to
accept them for the passage of Mr.. and Mrs.
Drlmmond, and they were required to leave our
tFain ut fromontory, Utah, and purchase local
c neKs,s; As A. AZ = result G1t Mr.: Drummond sued this
$,lO,OOO damages. On the trial, the Judges
charge to the Jury on Feb. 20, 1890, was such as
10 result in n verdict for the plaintiff in the sun
An appeal was taken by the company from
OF Utah, and the decision of the lower court was
special interest to railroad companies. We,
therefore, give you the full text thereof.
Respectfully yours,
General Passenger Agent.
In the supreme court of the Territory of Utah,
january term, 1901.
judge.
II; =. Drlminond, respondent, w. The South
crn Pacific Company, appellant.
Appcarances-Thos. Maloney, A. Perrin, John
n. Perkins, attorneys for respondent. Marshall
u Roylc, attorneys for appellant.
IN BLACKBURN. j.
4 1880 two tickets to SIM Dsego,
TnleA III hl41setf and wife, over the defen-
4 IN com enysg sf2ad. 10y rode on them to
IN e.sassi5 S9fE 3 II + ISL r n refused rsan to honor Nor
sdi 6imseir and Wife to
Is T.. yaaaSsa&e q 4sssi4eEe9@seP off the train. The
p TsoaSs4 Has5a .sE g Ssef T ,s,s s nj sn is brought no to
cd by the pIalhyf6s &binintiG recover J. ~
ment below, and the de4endant appeals, asserRthh
that it was the duty of the conductor to refuse TO
honor the tickets and take them up and cOmpels
plaintif to pay full fare or leave the train. TIE
tickets were contract tickets, and, amongst oth-
crs, contained this condition: ;ts.
"Third-lf not 80 used; if more than one date
IL 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 were sold ut 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
| ~ oui AhhS SItJ Will tuC llChCb DTOhCT uuI uuu
transaction: ''Saw Mr.. Ingalls,, who was an en-.
p1Ioye Of the said company, and told him the
lie looked at the tickets and saw where they woro
sold and said all right, you can cell them AID
we VIII guarantee you vii get through all right.
mond sign them and will give a letter Mr.. Drum
mond to the conductors on the Central Pacific
railroad, authorizing them to honor these tickets.
MIR. ingalls, gave the letter and Mr.. DrnmmOnd
signed the tickets and bought them. The letter
was signed by Parker, per Ingalls,, and Parker
swcars positively he had no authority to sell
tickets n, over the road of defendant company.
The letter spoken of was not introduced in evil
dcncc, and We cannot tell its contents.
The question liz, was it the duty of the defend
aut to honor these tickets, although presented by
were through tickets. and were sold for u less
price than the local fare; and the purchasers
agreed not to eel them aud the tickets stated on
their face that they were nOn-transfegable.
The purchaser. when he bought these tickets
knew that he had no right to ride part way upon
them and cell them for the rest of the way; and
had 40 right to buy them; but, anxious to ride
10 his destination for less than the regular fare,
he considered the matter and bought on the opin-
ion ofu man wholly una uthorizcd to bind the
defendant company. And his suspicious should
have been aroused by the conduct of the pretend
ed agent, because, if the tickets were entitled TO
be honOred an their merits, u letters 10 the con-
ductogs was Unnecessary, and if not the otfcious
letter of the pretended agent would be nnavailing;
and this ought TO have suggested to him that the
tickets would be dishonored unless by the in
tlucncc of this letter the conductors would he ill.,
duced to neglect their duty.
This class of contract tickets a.o valid. and
common carriers are authorized to enforce them.
Post vs.. X. w. Co. 1iIh Neb., ITO.
Elmorc w; SRnds, SO N. Y, 512.
Railway Co. vs.. Chapman, 40 Mass, 1O1.
Mil vs.. Railway Co., 144 Mass, 34.
Cody vs. Railway Co., 4 Saw., ia.
But it is commended that the ticket agent at Blue
Rapids, Kan.. sold without requiring the pur-
chaser to sign the contract. We think this
makes no difference. He took them at u less
price than the regular fare, tho terms of the con-
tract set out III full, and by accepting the tickets
without signing. he accepted the tcrms Of the
contract, and was bound by them.
r. r. Co. vs. Reed, 81 Mills, Asa, 5.
X. Il. Co. VIZ. McGowan, &c Am. s. Eng. II. II.
ga.
Mosier vs.. St. Louis s. II. r. CO., 17 us. 391.
The court instructed the jury in opposition to
these views, and in that regard Ills Instructions
| erroneous.
We also think there is no evidence n shc re-
cord to support the verdict.
But it is claimed that the conductor took up
the tickets and therefore the plaintiff should
recover. But he had u right to do that under the
contract aud the plaintiff was not damaged, az he
! lad the tickets at the trial and introduced them
as evidence.
Asthis error ~disposes Of this case, we deem it
unnecessary to pass npon the other alleged errors.
awarded.
We concur: Isigncdl
ZANE, Oh. j.