Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1902-07-02
CAN'T COLLECT 1T.
Supreme Court Rules Against the
Railroads on Excess Fares on

Trains.
The supreme court has decided the
very interesting case Of Mr.. VIM. KID
Ter, of Newberry, against the southern
railway. sustaining the lower court IN
its holding that the railroad can charge
only cents a mile straight fare and nc
25 cents excess. Mr.. Kibler was put OH
the train between Newberry and Hell
ena because he refused to pay 10 cents
for one mile and 25 cents excess. he
Immediately brought suit against the
railroad for s400, and after a good dea'
of fighting has been given that amount
by the court.
The case has been twice to the su-
nreme court and has caused good deal
of interest.
The history of the case is thus given
by the Newberry Herald and News:
In 1884 the legislature passed an ac'
that allowed the railroads of this state
to charge an excess fare of Is cents III
all cases where a passenger boarded the
train at a regular ticket office without
nroviding himself with ticket, when
the opportunity to do 80 was afforded
Ry this same act a fare Of 10 cents was
allowed in all cases of passengers when
the distance to be travelled was mile
or less. These same fares were supse-
ouently allowed by the railroad COM
missioners, the 25 cents being refundeo
to the passenger at any ticket office OF
the defendant within 10 days upon pre-
sentation of a refund check, when
would be given him whenever this ex-
cess was charged.
In 1900 the legislature passed an act
flying the rate Of fare at 3 cents per
mile for every mile actually Travelled
The railroad company went on charging
the 10 cents minimum fare and the %
cents excess. About three weeks after
this act went into effect Mr.. VIM. KID
Ter boarded the train at Newbery gong
to Helena, and did not purchase TICK
Of The conductor demanded ten cents
as the regular fare, as the distance was
only a mile; and as Mr.. Kibler had no
ticket the 25 cents was added, making
the amount demanded for transporta-
ton 35 cents. Mr.. Kibler did not have
the money with which to pay this fare
Consequently he was put off. He sued
the Southern Railway company Tor
damages for this unlawful and wrong
ful invasion of his right.
At the first trial Judge James F. IL
Ter presiding, the court held that the
lawful fare was only cents for the
mile to Helena and not 10 cents, put
that the 25 cents was properly charged
as it was not so much of fare as 1t
was a reasonable regulation, inasmucn
as 1t was refunded to the passenger
With the cents as the correct fare and
the excess of 25 cents added, the con-
ductor, according to Judge lzlers
views, had the right to demand 2S cents
and not 35 cents. The jury gave tne
plaintiff s400 inasmuch as the company
had demanded, even according to Judge
Izler's views, Z cents too much. the
case went to the supreme court. II was
reversed upon the same side issue. the
court holding that the lower court cor
rectly charged, that the cents was the
lawful fare for one mile. The rs cents
was. not passed on, as it was won by the
defendant on the circuit and was mol
appealed. When the case came pacR
for a new trial, Judge Gary charged
that 25 cents was unlawful as well as
the 10 cents He held that the company
had the right to charge but cents ah
no more. This left the defendant de-
manding 80 cents too much. The jury
gave the plaintiff s4OO. the same as the
first jury gave.
The case went to the supreme court
again. This time it's 25 cents was hello
to be unlawful. Hence this case set
ties the question best as to the right OF
the company to charge the 10 cents as
a minimum far for a distance of mile
or less, and the excess fare Of rs cents
when the passenger fails to get ticket
The company can charge neither.