St. L., I. M. & S. R'y v. Leigh
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. The defense, in this action, contended for these principles, namely: 1st. That, under the statute, to entitle a person to ride on defendant’s railway train,'he must do one of two things; he must either pay his fare to the proper officer (the conductor), or he must have provided a ticket and deliver up the same when demanded. To have the ticket is not sufficient, and there is no exception to this rule. 2d.
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Appeal from Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. The defense, in this action, contended for these principles, namely: 1st. That, under the statute, to entitle a person to ride on defendant’s railway train,'he must do one of two things; he must either pay his fare to the proper officer (the conductor), or he must have provided a ticket and deliver up the same when demanded. To have the ticket is not sufficient, and there is no exception to this rule. 2d. If a person procures a ticket, and gets upon a crowded train and fails to find a seat, he cannot continue to ride upon…
1Opinion of the Court
Cockrill, C. T.
The contract between the passenger and the railway company upon which a ticket without qualification is issued, is by implication to the effect that the company will perform its whole duty as a carrier. Among these duties is that of furnishing the passenger the usual and reasonable accommodations for his comfort to the destination named in his ticket. This includes not only sufficient room, but also a seat in the usual mode of conveyance. Hutchinson on Car., Sec. 609; Thomps. on Car., p. 67; 2 Rorer on R. R., pp. 968-9.
1. Railroad : Duty to furnish t0 Passei>-
The holder of the…
2Cases cited1 opinion
- Davis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1873
3Cited by5 opinions
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908
- Green v. United Railways Co. of St. LouisMissouri Court of Appeals · 1918
- Billinger v. Clyde S. S. Co.U.S. Circuit Court for the District of Southern New York · 1908
- Weeks v. Auburn & Syracuse Electric Railway Co., New York County Courts1908