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

right We will limit these tickets and
have Mr.. Drummond sign them and will
give letter to Mr.. Drummond to the
conductors on the Central Pacific railroad
authorizing them to honor these tickets.
Mr.. Ingalls, gave the letter and Mr..
DrummOnd signed the tickets and bought
them. The letter was signed by Parker,
per Ingalls,, and Parker swears positively
he had no authority to sell tickets over
the road of defendant company.
The letter spoken of was not introdu-
ced In evidence, and we cannot tell it's
contents.
The question is, was 1T the duty of the
defendant to honor these tickets, al
though presented by persons other than
the original purchasers? They were
through tickets, and were sold for a less
price than che local fare; and the pur-
chasers agreed not to sell them and the
tickets stated on their face that they
were non transferable.
The purchaser when he bought these
tickets knew that he had no right to ride
part way upon them and sell them for
the rest OF the way; ana the plaintiff
knew by the terms of the tickets he had
no right to buy them; but anxious to
ride to his destination for less than the
Aoe NAtAA AuAC, AC COuolOtTcu GuG uldUUor
! and bought on the opinion of man
wholly unauthorized to bind the defend
ant company. And his suspicious should
have been aroused by the conduct of the
pretended agent; because, If the tickets
we:e entitled to be honored on
their merits, letter to the conductors
was unnecessary. and if not the officious
letter OF the pretended agent would be
unavaillng; and this ought to have sug-
gested to him that the tickets would be
dlshonored unless by the influence of
this letter the conductors would be in
duced to neglect their duty.
Ibis class of contract tickets are valid,
and common carriers are authorized to
enforce them.
Post VS.. r. W. Co., '14th Neb., ITO.
EImore vs.. Sands, 50 N. Y, 512.
Railway Co. VS.. Chapman 14O Mass, 1O7.
aill VS.. Railway Co., IA Mass, 284.
Cody VS.. Railway Co., Saw, ia.
But 1t is contended that the ticket
agent at Blue Rapids, Kan, sold without
requiring the purchaser to sign the con-
tract. We think this makes no differ
ence. He took them at less price than
the regular fare, the terms of the con-
tract set out in full, and by accepting the
tickets without signing, he accepted the
terms OF the contract, and was bound by
them.
r. r. Co. vs.. Reed, 81 Mills, 4s4, 5.
T. +: Go. vs.. MCGOWAN, 26 Am. & Eng.
r. r. 274.
Mosier VS.. St. LOUIS, & R. R. Co., 127
U, S., 391.
The court instructed the jury in oppo-
sltion TO these views. and IN that regard
his instructions are erroneous.
We also think there is no evidence in
the record to support the verdict.
But it is claimed that the conduc-
tor took up the tickets and therefore the
plaintiff should recover. But he had q
right to do that under tho contract and
the plaintiff was not damaged, as he had
the tickets at the trial and introduced
them in evidence.
As this error dihposes of this cas+, We
deem it unnecessary to pass upon the
other alleged errors.
The case IS reversed and venire de
novo awarded.
We concur: [Signedl
ZANE, Oh. j..
ANDERSON, j.,
MINER, j.,
Jos. P, Bache, Clerk.
Marked filed Feb. 8, 1891.
The United States Of America, Terri
tory OF Utah, County of Salt Lake, So.
I, Jos. T. Bache, clerk of the supreme
court of the territory of Utah, do hereby
certify that the foregoing is full, true
and correct copy of the opinion handed
down by said court in the foregoing en-
titled action, now on record in my Office.
In testimony whereof, I have hereunto
set my hand and affixed the seal of said
supreme court. this the 4th day of Feb
ruary, A. D. one thousand eight hundred
and ninety.one. JOSEPH P. BAcHE,
SEAL. Clerk.
San Francisco, March -. 1891.