Wilson v. New Orleans & Northeastern R. R.
Mississippi Supreme Court
Appeal from the Circuit Court of Clarke County. Hon. S. H. Terral, Judge. In June, 1884, Frank Wilson bought an excursion ticket from the New Orleans and Northeastern Eailroad Company, which entitled him to ride on their train from Enterprise to Barnett and return. The ticket was sold to Wilson at a reduction, and read as follows: “ Sunday excursion ticket.
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Appeal from the Circuit Court of Clarke County. Hon. S. H. Terral, Judge. In June, 1884, Frank Wilson bought an excursion ticket from the New Orleans and Northeastern Eailroad Company, which entitled him to ride on their train from Enterprise to Barnett and return. The ticket was sold to Wilson at a reduction, and read as follows: “ Sunday excursion ticket. Good for one continuous passage, Barnett to Enterprise, if presented on Sunday (date stamped hereon) upon trains advertised to stop at stations named, otherwise void.” Train No. 2 was not advertised to stop at Barnett, it being a flag…
1Opinion of the CourtArnold, J.
Appellant’s claim for damages is based on the failure of appellee to stop its train' and carry him as a passenger thereon. By the terms of a ticket which he had previously purchased, appellant was to be returned from Barnett to Enterprise only on trains advertised to stop at those points. The train on which he sought passage was not so advertised, and on the contract evidenced by the ticket he has no cause to complain of the judgment from which he appeals. His right to carriage on that ticket was limited by the terms of the ticket.
A special contract is not necessary to entitle one to ride on…
2Cases cited3 opinions
- Heirn v. M'CaughanMississippi Supreme Court · 1856
- Chicago, St. Louis & New Orleans Railroad v. ScurrMississippi Supreme Court · 1882
- Howard v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1883
3Cited by10 opinions
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
- Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
- Hadad v. LockebyMississippi Supreme Court · 1936
- Godfrey v. Meridian Light & Railway Co.Mississippi Supreme Court · 1911
- Southern Railway Co. v. WallisSupreme Court of Georgia · 1909
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