Barnett v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The ticket bought by plaintiff formed the contract between him and the defendant railroad company. It was not a mere voucher showing him entitled to a ride from point to point, but on account of a reduced fare he made a special contract with the defendant, and the terms expressed on the ticket constitute the terms of that contract.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. The ticket bought by plaintiff formed the contract between him and the defendant railroad company. It was not a mere voucher showing him entitled to a ride from point to point, but on account of a reduced fare he made a special contract with the defendant, and the terms expressed on the ticket constitute the terms of that contract. He did not become a passenger so far as this case is concerned; only made a contract which entitled him to become such. The relation of passenger and carrier “can only be created by contract between…
1Opinion of the Court
Bond, J. —
petition. The second count of the petition, upon which a recovery was had, alleges in substance, that on the twenty-first of March, 1894, plaintiff having received a telegram informing him of the illness of his brother, purchased a round trip ticket from Mexico to Farber, where his brother resided, between which, points defendant was a common carrier of passengers; that he was refused passage upon this ticket on the next two trains of the defendant 'Which carried passengers between the two stations noted on the ticket; that the conductors of said trains “rudely, insolently and…
2Cases cited6 opinions
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- Marshall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Berlin v. ThompsonMissouri Court of Appeals · 1895
- Lewis v. JannoupouloMissouri Court of Appeals · 1897
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