Norman v. East Carolina Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Gline, J., at September Term, 1912, of Pitt. This action is to recover damages for the wrongful expulsion of the plaintiff from the defendant’s train. The plaintiff testified in his own behalf as follows: “On Monday morning, the 19th of June, I went to Tarboro. There I went to the station of the East Carolina Railway. Mr. Eason and his wife were there in the station. They bought their tickets to Macclesfield. I bought a ticket for Macclesfield.
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Appeal by defendant from Gline, J., at September Term, 1912, of Pitt. This action is to recover damages for the wrongful expulsion of the plaintiff from the defendant’s train. The plaintiff testified in his own behalf as follows: “On Monday morning, the 19th of June, I went to Tarboro. There I went to the station of the East Carolina Railway. Mr. Eason and his wife were there in the station. They bought their tickets to Macclesfield. I bought a ticket for Macclesfield. When the agent gave me the ticket he handed me a nickel. I said, ‘Here, I want a ticket to Pinetops,’ and I gave him back…
1Opinion of the CourtAllest, J.
Tbe plaintiff paid the usual and customary fare for bis ticket, and was granted no right or privilege in consideration of a reduced rate.
Under these circumstances, the ticket was in the nature of a receipt for the passage money, and its office was to furnish evidence to the agents of the company that the bearer was entitled to be carried.
It was. prima fade evidence that the holder had paid the regular price for it, and had the right to be transported, and was evidence of an agreement on the part of the defendant to carry him to his destination for a consideration paid. 1 Fet. Cor., sec. 275;…
2Cases cited12 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Trice v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1895
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
- Georgia Railroad & Banking Co. v. DoughertySupreme Court of Georgia · 1890
- Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hallman v. Southern Railway Co.Supreme Court of North Carolina · 1915
- MacE v. . R. R.Supreme Court of North Carolina · 1909
- Thurston v. Northern Navigation Co.Michigan Supreme Court · 1919
- Blaylock v. Southern Railway Co.Supreme Court of North Carolina · 1919
- Louisville & Nashville Railroad v. RielyCourt of Appeals of Virginia · 1917
1 more not listed; retrieve them via the Exa API.