St. Louis & San Francisco Railroad v. Gaston

The opinion of the court was delivered by

Mason, J. :

At Wichita, on the evening of October 26, 1897, T. J. Gaston attempted to purchase a ticket to Liberty, Kan., by way of the St. Louis & San Francisco (or “Frisco”) railroad. The agent, who was *218also the agent of the Atchison, Topeka & Santa Fe Railroad Company, gave him a ticket to Liberty bj; way of the road of the latter company. About ten o’clock at night Gaston took a “Frisco” train, supposing it to be that for which he had a ticket. The conductor refused to honor the ticket, and upon Gas-ton’s refusal to pay fare discharged him from the…