Legal Opinion

Downs v. New York & New Haven Railroad

Supreme Court of Connecticut

Decided October 15, 1869PublishedCited by 17 opinions

Amicable submission to the Superior Court upon tho following agreed statement of facts: The plaintiff on and for some time before the 18th day of May, 1869, was the owner, by purchase from the defendants at the usual price, of a commutation ticket, which by its terms expired September 80th, 1869, and which was as follows : “ New York & New Haven R. R. Co. Commutation Ticket. Theodore W. Downs. Between New York and New Haven.

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Amicable submission to the Superior Court upon tho following agreed statement of facts: The plaintiff on and for some time before the 18th day of May, 1869, was the owner, by purchase from the defendants at the usual price, of a commutation ticket, which by its terms expired September 80th, 1869, and which was as follows : “ New York & New Haven R. R. Co. Commutation Ticket. Theodore W. Downs. Between New York and New Haven. Expires Sept. 80th, 1869. No. 3199. J. T. Shelton, Treas.” And on the back of the ticket certain conditions were printed as follows : With this ticket the plaintiff,…

1Opinion of the CourtPark, J.

The plaintiff purchased of the defendants a commutation ticket that entitled him to ride upon their road a certain length of time, upon certain conditions.

One of. the conditions was that the ticket should be shown to the conductor on every trip the plaintiff might make, and in case it should not be shown when requested by the conductor that regular fare for that trip should be paid. On the occasion complained of the plaintiff by mistake left his ticket at home, and consequently was unable to show it to the conductor when requested to do so..

The conductor knew that he had purchased a…

2Cases cited1 opinion

  1. Crocker v. New London, Willimantic & Palmer RailroadSupreme Court of Connecticut · 1855

3Cited by17 opinions

  1. Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
  2. Hufford v. Grand Rapids & Indiana Ry. Co.Michigan Supreme Court · 1884
  3. Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
  4. McKay v. Ohio River RailroadWest Virginia Supreme Court · 1890
  5. Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891

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