Harvey v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from W.'B. Allen, J., at tbe October Term, 1909, of WayNE. The facts in evidence are set out in the case on appeal as follows: “There was evidence tending to show that plaintiff was a commercial traveler, and desired to take passage from Wilson to Goldsboro, North Carolina, over the defendant’s road, and he had in his possession a mileage book, good over the defendant’s road, with sufficient mileage therein unused to carry him from Wilson to Goldsboro.
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Appeal from W.'B. Allen, J., at tbe October Term, 1909, of WayNE. The facts in evidence are set out in the case on appeal as follows: “There was evidence tending to show that plaintiff was a commercial traveler, and desired to take passage from Wilson to Goldsboro, North Carolina, over the defendant’s road, and he had in his possession a mileage book, good over the defendant’s road, with sufficient mileage therein unused to carry him from Wilson to Goldsboro. There was evidence which tended to prove that plaintiff went into defendant’s ticket office in Wilson; that there was a great crowd…
1Opinion of the Court
Hoke, J.,
after stating tbe case. It was earnestly insisted before us that no recovery should have been allowed in this case, and this chiefly for the reason that on the facts in evidence the mileage book was not a contract of carriage, but only a binding agreement to supply a ticket, and the plaintiff having failed to procure the ticket and refused to pay fare, the conductor had a right to expel him from the train, but we do not think such a position can be maintained. The book purports throughout to be a contract of carriage. It is labeled a mileage ticket and begins with a stipulation that…
2Cases cited2 opinions
- Cherry v. Chicago & Alton RailroadSupreme Court of Missouri · 1905
- Pennsylvania Co. v. LenhartCourt of Appeals for the Seventh Circuit · 1903