Legal Opinion

Ellsworth v. Chicago, Burlington & Quincy Railway Co.

Supreme Court of Iowa

Decided May 28, 1895PublishedCited by 9 opinions

Appealfrom Adams District Court. — Hon. H. M. Towner, Judge. ¡On the morning of September 27, 1893, tbe plaintiff procured a ticket on defendant’s line of road from .'Prescott to Corning, a distance of seven and one-third miles. Because of the fair at Corning, the .company was selling round-trip tickets at reduced rates, which tickets had to be filled in with a pen.

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Appealfrom Adams District Court. — Hon. H. M. Towner, Judge. ¡On the morning of September 27, 1893, tbe plaintiff procured a ticket on defendant’s line of road from .'Prescott to Corning, a distance of seven and one-third miles. Because of the fair at Corning, the .company was selling round-trip tickets at reduced rates, which tickets had to be filled in with a pen. The plaintiff was late in reaching the depot at Prescott, so that there was no. time to fill up a round-trip, ticket, and lie ¡told the agent to give him a “straight ticket.” The train was moving, and plaintiff took the ticket…

1Opinion of the CourtGranger, J.

*1001 *99I. The court gave the jury the following instruction: “The ticket introduced in evidence, and which is admitted as the one purchased by plaintiff of defendant’s agent, is dated September 24, *1001893, and contains the following clause: ‘Continuous-passage within one day of date of sale.’ You are instructed that said clause is a limitation of the time on which said ticket will be honored, and, as such, is a reasonable limitation and rule. You are further instructed that, presumptively, the date of' the ticket was the day of its sale. But if, as a matter-of fact, the day of the sale differs…

2Cases cited12 opinions

  1. New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
  2. Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
  3. Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
  4. Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
  5. Hufford v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. O'Rourke v. Street Ry. Co.Tennessee Supreme Court · 1899
  2. Indianapolis Street Railway Co. v. WilsonIndiana Supreme Court · 1903
  3. Hanlon v. Illinois Central RailroadSupreme Court of Iowa · 1899
  4. Norman v. East Carolina Railway Co.Supreme Court of North Carolina · 1913
  5. Trezona v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1898

4 more not listed; retrieve them via the Exa API.

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