Railway Co. v. Ryan
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. This is an action by William Ryan against the St. Honis & San Francisco Railway Co., to recover the penalty prescribed by the act of April 4, 1887, for an overcharge in a passenger fare. The answer set up substantially the same defenses made in Railway Company v. Gill, in 54 Ark. 101. The evidence showed that the overcharge was made by defendant’s ticket agent, contrary to defendant’s express orders.
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Appeal from Crawford Circuit Court. This is an action by William Ryan against the St. Honis & San Francisco Railway Co., to recover the penalty prescribed by the act of April 4, 1887, for an overcharge in a passenger fare. The answer set up substantially the same defenses made in Railway Company v. Gill, in 54 Ark. 101. The evidence showed that the overcharge was made by defendant’s ticket agent, contrary to defendant’s express orders. The cause was tried by the court sitting as a jury, and the following findings of fact and declaration of law were made, viz; “ The court finds that said Wm.…
1Opinion of the CourtHrmingway, J.
It is conceded that Riley was the agent of the railway company duly authorized to sell the ticket which Ryan claims to have bought, and to charg'e for it lawful fare. But the company insists: (1) tha.t no ticket was in fact sold; and (2) that if it was sold, the charge of excessive fare was unauthorized, and was therefore the individual act of Riley and not the act of the company.
Upon the first point there is proof sufficient in law to warrant a finding against the company, and we can not disturb the verdict unless it appears that the act was that of Riley for which the company was not…
2Cases cited12 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Budd v. New YorkSupreme Court of the United States · 1892
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
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3Cited by1 opinion
- Overland Cotton Mill Co. v. PeopleSupreme Court of Colorado · 1904