The morning call., 1894-10-07
SAYS THE SUPREME COURT.
Arbitrary Laws of the Souther II
Pacific Don't Go.
DR.. ROBINSON WINS HIS CASE.
A Passenger Travelling From San
Francisco to Alameda May Stop
Over at Oakland.

The Supreme Court has decided that
holder of railroad ticket is entitled to stop
at an intermediate station and subsequent
ly renew his Journey on another train
without further payment. In this case an
old-dme rule has been set at naught. and
a longtime litigant over this point. DR..
W. II. Robinson, has emerged from the
fray triumphant.
The story has been circulated pretty
freely during the past three years. In
May, 1891, DR.. Robinson purchased
ticket at the Southern Pacific COmDany's
Office at the foot of Market street. and pro-
ceeded with it to the ferry which carried
the passengers to the Oakland pier. DR..
Robinson was required TO pass through
a gate Oh his way to the ferry. Here an
employ of the company demanded his
ticket.
DR.. Robinson informed the gatekeeper
that he desired 10 stop over at Oakland,
and insisted upon retaining his ticket or
receiving a check which would be evidence
ofthis right. He was informed that stop
over tickets were not provided and that no
such rights were allowed, and he was re-
fused permission TO go upon the ferry ex-
cept upon surrender of his ticket, which
he then gave up.
At the corner of Broadway and First
street. Oakland. the doctor alighted
from the cars and remained for
short time attending to private
business. Subsequently he took the
train for Alameda at this point. and
his fare being demanded by the conductor
he refused to pay it, basng his refusal
upon the facts stated. But the conductor
refused 10 accept his explanation, and DR..
Robinson was elected from the train.
Subsequently DR.. Robinson brought suit
against the company, claiming the right to
a stop-over privilege at the city Of Oak
land. under section 400 of the Civil Code.
This section reads: every railroa d cor
poration must provide, and. on being ten
dered the fare therefor, fixed as provided
10 the preceding section, furnish to every
person desiring passage on their passen-
ger-cars a ticket which entities the pur-
chaser to a ride and TO the accommoda-
tons provided on their cars from the depot
or station where the same is purchased to
any other depot or station on the line of
their road. Every such ticket entities the
holder thereof 20 ride on their passenger
cars to the station or depot of destination
or any intermediate station, and from any
intermediate station to the depot of desti-
nation designated on the ticket at any
time within six months thereafter. Any
corporation failing so to provide and fur
nish tickets or refusing the passage which
the same calls for when sold must pay to
the person so refused the sum of $500"
The case was tried before Judge Hunt,
aud, after a long and elaborate discussion,
Ind dor oH in fa nf Dr
son. The railroad company appealed to
the higher tribunal, but the result remains
unchanged.
The appellant company's contention was
that the ticket gave its purchaser the
choice Of two things, namely, to ride from
the depot where he purchased the ticket to
the depot of destination named therein or
to any intermediate station, or to start
from any intermediate station and ride to
the depot of destination. La support of
this construction of the statute it was
claimed that formerly so-called competitive
points were favored, and the object of the
statute was TO prevent greater charges
being made from Intermediate stations to
competitive points than were charged for
longer distances from one competitive
point to another.
Regarding this the court remarks: "In
view of the fact that the Legislature pro-
vided in tie Immediately preceding Sec
ton, 489, that the amount of passenger
fares should be regulated according to the
distance travelled, there would seem to be
no necessity for further legislation upon
that question. That evil, whatever it
may have been, was called to the attention
Of the Legislature, and cured by said Sec
ton. The only effect upon the statute by
appellants construction is to give
the passenger the right to board a
train at an intermediate station and ride
TO the point of destination upon ticket