Sherman v. C. & N. W. R. Co.
Supreme Court of Iowa
Appeal from Marshall Circuit Court. The plaintiff, by his petition, averred that May 8, 1872, he purchased of defendant a mileage ticket entitling him to ride one thousand miles on the defendant’s road. A copy of the ticket is set out, and shows by its terms that it was issued to plaintiff, that it expired February 1, 1873, that it was not transferrable, and if presented by another or after its expiration, the' conductor will take up the ticket and collect fare.
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Appeal from Marshall Circuit Court. The plaintiff, by his petition, averred that May 8, 1872, he purchased of defendant a mileage ticket entitling him to ride one thousand miles on the defendant’s road. A copy of the ticket is set out, and shows by its terms that it was issued to plaintiff, that it expired February 1, 1873, that it was not transferrable, and if presented by another or after its expiration, the' conductor will take up the ticket and collect fare. The plaintiff averred that he had used the same twenty times after it had expired, and it was received for fare by the different…
1Opinion of the CourtCole, J.
One of the terms of the contract, as shown by the exjwess language of the ticket itself, was, that it would expire February 1, 1873, and that the plaintiff should not have the right to use it in payment of fare thereafter. The petition fails to show any reason, either in law or morals, why the plaintiff is not and should not be bound by his contract. He is bound, and therefore could not properly use the ticket in payment of his fare.
The fact that he had improperly used the ticket twenty times could work no estoppel upon the defendant, because the ticket itself was express notice to plaintiff…
2Cited by7 opinions
- Stone v. C. & N. W. R.Supreme Court of Iowa · 1877
- Bowsher v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1901
- Hanlon v. Illinois Central RailroadSupreme Court of Iowa · 1899
- Louisville, New Albany & Chicago Railway Co. v. NicholaiIndiana Court of Appeals · 1892
- Cloud v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1883
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