St. Louis, Iron Mountain & Southern Railway Co. v. Frisby
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; As between the passenger and conductor, the ticket produced must govern. Hutch, on Car., § 1061; 65 Ark. 177; 88 Ark. 282. If a passenger loses his ticket he may be required to pay again, and the auditor is not required to take excuses, nor decide upon the bona fides of the passenger.
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; As between the passenger and conductor, the ticket produced must govern. Hutch, on Car., § 1061; 65 Ark. 177; 88 Ark. 282. If a passenger loses his ticket he may be required to pay again, and the auditor is not required to take excuses, nor decide upon the bona fides of the passenger. Elutch. on Car., § 1036. Even if there were an overcharge, the plaintiff was not the party aggrieved within the meaning of Kirby’s Dig., § 6620. The company made an overcharge, within the meaning of Kirby’s Dig., § § 6611-14.
1Opinion of the CourtHart, J.
This is an appeal by the St. Louis, Iron Mountain & Southern Railway Company from a judgment recovered against it by Mattie Erisby for an alleged overcharge of passenger fare.
The plaintiff was an orphan girl, 18 years, old, and lived with T. J. Hawkins near Prescott, Arkansas. Mr. Hawkins bought two tickets from Prescott to Hope, Arkansas, for the use of the plaintiff and his daughter, Gladys, who at the time was not quite 12 years of age. He purchased a round trip ticket for an adult for the use of the plaintiff and a half-fare single ticket for his daughter. The girls boarded one of…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
3Cited by2 opinions
- St. Louis Southwestern Railroad Co. v. AlversonSupreme Court of Arkansas · 1925
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Arkansas · 1912