Paine v. C., R. I. &. P. R. Co.
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. The plaintiff, wishing to take passage on defendant’s cars from Eldon to Fairfield, Iowa, ■ applied for a ticket at the ticket-office at Eldon, but was unable to obtain one, the ticket agent being absent. He then took a seat in defendant’s cars, and tendered to the conductor as fare the price usually charged for a ticket.
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Appeal from Jefferson Circuit Court. The plaintiff, wishing to take passage on defendant’s cars from Eldon to Fairfield, Iowa, ■ applied for a ticket at the ticket-office at Eldon, but was unable to obtain one, the ticket agent being absent. He then took a seat in defendant’s cars, and tendered to the conductor as fare the price usually charged for a ticket. The conductor refused to accept the same and demanded ten cents more, being the excess usually charged to passengers who neglected to procure tickets and paid on the cars. The plaintiff' objected to paying’ it, but finally did pay it,…
1Opinion of the CourtAdams, J.
I. At the time the plaintiff applied at the ticket office for a ticket two other persons, one Boerstler and one Russell, applied also for tickets. The three took seats in the cars together. The conductor first came to Boerstler and asked him for his fare and Boerstler tendered the price of a ticket which the conductor refused to accept unless he should pay ten cents more. Thereupon Boerstler explained to the conductor the reason why he had no ticket, and the conductor insisted, notwithstanding the reasons given, upon his paying the extra ten cents, and informed him if it was not paid he…
2Cases cited4 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Jeffersonville Railroad v. RogersIndiana Supreme Court · 1871
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- State v. ChovinSupreme Court of Iowa · 1858
3Cited by6 opinions
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Willson v. Northern Pacific RailroadWashington Supreme Court · 1893
- Forsee v. Alabama Great Southern RailroadMississippi Supreme Court · 1885
- Fitzgerald v. C., R. I. & P. R.Supreme Court of Iowa · 1878
- Coine v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1904
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