Pullman Co. v. Riley
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Lida Riley against the Pullman Company for failure to transport, her according to contract. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Lida Riley against the Pullman Company for failure to transport, her according to contract. Judgment for plaintiff, and defendant appeals. The complaint was as follows: “Plaintiff claims of the defendant $2,000 as damages for that, heretofore, to-wit, on the 14th day of August, 1909, defendant was operating a through sleeping car for the carriage of passengers from Birmingham, Ala., to Chicago, 111., and agreed with plaintiff for hire and reward paid by plaintiff to permit plaintiff to occupy said car, and to enjoy…
1Opinion of the Court
de GRAFFENRIED, J. —
It is a matter of common knowledge that a ticket for either railroad transportation or for sleeping car accommodations is treated by the average man as a mere “symbol,” and that the average man or woman, when such a ticket is purchased of a ticket agent, does not take the time to read it.
When, therefore, a passenger calls for a particular ticket and pays the fare demanded by the ticket agent, he is entitled to the ticket for which he paid, and if the ticket agent by mistake gives him the wrong ticket the company by whose agent the ticket is sold is hound by the real…
2Cases cited11 opinions
- Nevin v. Pullman Palace Car Co.Illinois Supreme Court · 1883
- St. Louis, Arkansas & Texas Railway Co. v. MackieTexas Supreme Court · 1888
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Lewis v. New York Sleeping Car Co.Massachusetts Supreme Judicial Court · 1887
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3Cited by1 opinion
- Louisville N. R. Co. v. CrickSupreme Court of Alabama · 1928