The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-10-26

preme Court today ruled upon the
mileage question which has been agi.
tated since the 1.000-mile inter
| changeable books were put on.
John DesPortes. travelling sales.
man well known in this city, by q
| decision OF the Supreme Court Sat
urday loses a verdict of $500 which
the Circuit Court gave him on ac-
count of damages alleged to have re-
| suited from his election from a train
of the Southern Railway at Reynolds
s. c.. in November. 1908, when he
rendered his mileage in payment OF
his fare, instead of purchasing a
ticket at Blackville, where the train
stopped for twenty-five minutes. The
decision of the Supreme Court rever-
ses the Circuit Judge and settles the
mileage question in this State. In
effect, the railroads win out in the
matter since the DesPortes case was
largely in the nature of a test of the
mileage contract put into operation
when the railroads Of South Caro-
lima put on the 1.000-mile mileage
books, which are expected to be ex-
changed for tickets for each trip.
Mr.. DesPortes sued for $4,000, al
leging that he got on the Southern at
Denmark, exchanging his mileage
coupons for a ticket to Blackville
When nearing Blackville Mr.. Des-
Portes decided to GO to williston,
and remained aboard the train. not
getting out at Blackville.
When the conductor came to Mr..
DesPortes after the train pulled out
from Blackville the passenger tend
cred his mileage book for the dis
tance between Blackville and Will
liston. but the conductor, acting un-
der the contract contained in the
mileage books, refused to accept the
coupons, as the rule of the company
required that the mileage be exchang-
ed for ticket wherever practicable
Mr.. DesPortes refusing to pay the
fare (25 cents) to williston. the CON-
ductor had him uat OF OF the ira n.
using only such force rs wps nrccs-
sar,.
Mr.. DesPortcs obtained n private
conveyance al Reynolds, where ne
was put off the train. and went OH
to his destination. Previously, how
ever. the conductor had offered TO
accept the mileage if Mr.. DesPortes
would get back on the train. This
he refused to do.
Alleging that he lost time and was
Inundated by being elected from the
train. Mr.. DesPortes sued for s9.-
600. The Circuit Court. Special
Judge Gruber presiding, found for
the plaintiff in the sum of $500. The
railway appealed.
The important point involved was
whether or not the employee OF the
railroad wilfully neglected his duty
when he refused to accept the mileage
coupons on the train. and finally the
question before the Court resolved
itself into whether the mileage could
be turned down by the company.
In brief the Court opinion by the
Chief Justice. holds that specific
contract is made when the mileag,
Is purchased and the purchaser has
II all before him. He must exercise
reasonable diligence to get the mile.
age where practicable. If there is a
ticket agent at a station the mileage
book holder must get his ticket 70,
| passage. If there be none, or if the
| agent he absent for valid reason
then the mileage book holder may
| tender the mileage.
In the DesPortes case the Cour
held substantially that Mr.. Des.
Portes could have gotten out a
Blackville. since the train remained
there several minutes, even had il
not on the particular day involved
remained twenty-five minutes. ano
purchased his ticket by exchange fol
the mileage.
The Circuit Court is, therefore, re
Versed and Mr.. DesPortes loses the
case. OF greater importance is tn,
! iegal ruling on the mileage question
which Is of great interest 10 travel
ling men, especially.
| 49,. >.,,,y, ....---