Humphrey v. Michigan United Railways Co.
Michigan Supreme Court
Error to Kalamazoo; Knappen, J. Case by Mary Humphrey against the Michigan United Railways Company for an assault and resulting injuries. Judgment for plaintiff. Defendant brings error. On June 8, 1909, plaintiff purchased from defendant a commutation book containing 52 coupon tickets, each good for transportation over defendant’s road between Comstock and Kalamazoo.
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Error to Kalamazoo; Knappen, J. Case by Mary Humphrey against the Michigan United Railways Company for an assault and resulting injuries. Judgment for plaintiff. Defendant brings error. On June 8, 1909, plaintiff purchased from defendant a commutation book containing 52 coupon tickets, each good for transportation over defendant’s road between Comstock and Kalamazoo. It was the intention of the plaintiff to buy, and of the defendant to sell, a book of tickets good for passage within 30 days from the day of issue. Through the error of the issuing agent, the book was indorsed upon its outside…
1Opinion of the CourtBrooke, J.
(after stating the facts). The position of the defendant is that this case is ruled by Frederick v. Railroad Co., 37 Mich. 342 (26 Am. Rep. 531), where this court said:
“As between conductor and passenger, the latter’s ticket is conclusive evidence of the extent of his right to travel, and he must produce it when called on as the evidence of his right to the seat he claims.”
We have no disposition to depart from or modify the law as here announced, but we are of the opinion that the facts in the instant case do not warrant the conclusions reached by defendant. It is urged that the ticket…
2Cases cited3 opinions
- Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
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- Nelson v. CrawfordMichigan Supreme Court · 1899
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