Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. McDermott

Supreme Court of Arkansas

Decided January 13, 1913PublishedCited by 1 opinion

Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulh, Judge; STATEMENT by the court. Appellee brought suit against appellant to recover the penalty denounced by law for charging him, as. a passenger on its train between 'Little 'Bock and Hot Springs more than three cents- per mile. ' He went to' appellant’s ticket agent, at Little Bock, inquired the price of a round-trip ticket from Little Bock to Hot Springs, told the agent he desired such ticket and paid the…

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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulh, Judge; STATEMENT by the court. Appellee brought suit against appellant to recover the penalty denounced by law for charging him, as. a passenger on its train between 'Little 'Bock and Hot Springs more than three cents- per mile. ' He went to' appellant’s ticket agent, at Little Bock, inquired the price of a round-trip ticket from Little Bock to Hot Springs, told the agent he desired such ticket and paid the amount of fare demanded therefor. ■ The agents thereupon, by mistake, handed him a ticket, which it was-discovered after…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is undisputed that the station agent of the defendant did not demand nor receive more for the round-trip ticket from Little Eock to Hot Springs than the law allows to be collected for such distance and also that inadvertently and by mistake the station agent gave appellee only a round-trip ticket to Benton, a much shorter distance, instead of to Hot Springs, and charged the regular fare to the latter station. Neither is there any dispute that said company refused to take said ticket for appellee’s passage from Little Rock to Hot Springs and notified him…

2Cases cited3 opinions

  1. Railway Co. v. SmithSupreme Court of Arkansas · 1895
  2. St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
  3. Railway Co. v. ClarkSupreme Court of Arkansas · 1894

3Cited by1 opinion

  1. Smith v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915

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