The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-06-20
KILLER WINS.
The Supreme Court Sustains the lower
court that the Railroad Can Charge only
3 Cents Mile and No rs Ceuts Excess.

The case of Mr.. VIM. Kibler against
the Southern Railway for damages has
been decided by the Supreme Court,
| and Mr.. Kibler gets his $4O0 for being
put off the train between Newberry
| and Helena because he refused to pay
| 10 cents the distance being one mile
and 25 cents excess. The following are
the facts in the case. Mr.. Kibler was
represented by Johnstone & Welch of
the Newberry bar.
In 1884 the legislature passed an act
that allowed the railroads of this State
to charge an excess fare of 25cts. in all
| cases where a passenger boarded the
train at a regular ticket office without
providing himself with ticket, when
the opportunity to do so was afforded.
Bv this same act fare of 10cts. was
allowed in all cases of passengers when
the distance to be travelled was a mile
or less. These same fares were subse-
ouently allowed by the Railroad Com
missioners, the 25cts. being refunded to
the passenger at any ticket office of the
defendant within 20 days upon presen-
tation of refund check which would
be given him whenever this excess was
charged.
In 1900 the Legislature passed an act
fixing the rate of fare at Bets. per mile
for every mile actually travelled. The
Railroad Company went on charging
the 1Octs. minimum fare and TIE 25cts.
excess. About three weeks after this
act went into effect Mr.. VIM. Kibler
boarded the train at Newberry going
to Helena and did not purchase a
ticket. The conductor demanded ten
cents as the regular fare, as the
distance was only a mile; and as
Mr.. Kibler had no ticket the twenty
i've cents was added, making the
amount demanded for transportation IS
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 for
damages for this unlawful and wrong
full invasion of his right.
At the first trial, Judge James F. IL
lar presiding, the Court held that the
lawful fare was only cents for the
mile to Helena and not 10 cents, but that
the 25 cents was properly charged, as
it was not so much of a fare as it was
reasonable regulation, inasmuch as it
WAS TS1UIlUSO W CIlS H<ISSCtASSA' w teAA
the cents as the correct fare and the
excess of Is cents added, the conductor
according to Judge Izlar's views had the
right to demand only 25 cents and not 50
cents. The jury gave the. plaintiff
four hundred dollars inasmuch as the
company had demanded, even according
to Judge Izler's views, 7 cents too
much. The case went to the Supreme
Court It was reversed upon same side
issue, the Court holding that the lower
Court correctly charged, that 8 cents
and not 10 cents was the lawful fare
for one mile. The 25 cents was not
passed on, as it was won by the defend
ant on the Circuit and was not appealed.
When the case came back for 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 and no more. This
left the defendant demanding 80 cents
too much. The jury gave the plaintiff
s40O, the same as the first jury gave.
The case went to the Supreme Court
again. This time it's 25 cents was held
to be unlawful. Hence this case settles
the question Dest as to the right Of the
company to charge the 10 cents as a
minimum fare for distances of a mile
or less, and the excess fare of 25 cents
when the passenger fails to get ticket.
The company can charge neither.
This ends the case.