Chicago, Rock Island & Pacific Railway Co. v. Young
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. On the 11th day of November, 1910, I. H. Young applied to the ticket agent of the Chicago, Rock Island and Pacific Railway Company at its station at Little Rock, Arkansas, for two tickets to Benton, Arkansas, and tendered in payment therefor $2.50. The agent delivered him the two tickets, and handed him back twelve cents in change. The regular fare from Little Rock to Benton was sixty-nine cents.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. On the 11th day of November, 1910, I. H. Young applied to the ticket agent of the Chicago, Rock Island and Pacific Railway Company at its station at Little Rock, Arkansas, for two tickets to Benton, Arkansas, and tendered in payment therefor $2.50. The agent delivered him the two tickets, and handed him back twelve cents in change. The regular fare from Little Rock to Benton was sixty-nine cents. When the husband returned the change to the wife, she discovered that the agent had kept more money than was necessary to…
1Opinion of the CourtHart, J.
If the taking of the dollar in excess of the correct fare was a mere error or mistake on the part of the agent, the defendant was not liable for a penalty. Railway Company v. Clark, 58 Ark. 490; St. Louis, I. M. & S. Ry. Co. v. Waldrop, 93 Ark. 42.
Under proper instructions, the court submitted to the jury the question of whether in making the change the agent made an honest mistake without the intention of taking an amount greater than was allowed by the statute, and the verdict of the jury is conclusive on appeal.
It is next contended by counsel for defendant that the statute upon which this…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
- Railway Co. v. ClarkSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. FreemanSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. FrisbySupreme Court of Arkansas · 1910