Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. Nelson

Supreme Court of Arkansas

Decided October 19, 1908PublishedCited by 4 opinions

Appeal from Lonoke Circuit Court; Bugene Bcmkford, Judge ; 1. The tickets held by appellees did not entitle them to passage on appellant’s train at this time. They had used them previously on different dates to pass through appellant’s gate at the depot, thereby obtaining the right to enter and ride upon its train. On each prior occasion the journey had been abandoned. These tickets were contracts for continuous passage.

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Appeal from Lonoke Circuit Court; Bugene Bcmkford, Judge ; 1. The tickets held by appellees did not entitle them to passage on appellant’s train at this time. They had used them previously on different dates to pass through appellant’s gate at the depot, thereby obtaining the right to enter and ride upon its train. On each prior occasion the journey had been abandoned. These tickets were contracts for continuous passage. Once having begun the journey and having abandoned it, the right to use their tickets no longer existed. 2 Hutchinson on Carriers, (3 Ed.), •§ 1041; 43 Ark. 533; Moore on…

1Opinion of the CourtBattue, J.

These two cases are 'based and were tried upon the same facts, and the transcripts therein are the same in every material respect.

On May 17, 1906, Homer N. Nelson and E. W. Buchanan purchased of the Chicago, Rock Island & Pacific Railway Company tickets for transportation from Hot Springs to Little Rock, Arkansas, and return. They used that portion of the tickets which entitled them to transportation from Hot Springs to Little Rock. The other poftion of the ticket showed that it was to hold good until the 17th day of June, 1906, and that it had been repeatedly used to gain entrance through…

2Cited by4 opinions

  1. Dillard Department Stores, Inc. v. StuckeySupreme Court of Arkansas · 1974
  2. Dickinson v. MuseSupreme Court of Arkansas · 1918
  3. St. Louis, Iron Mountain & Southern Railway Co. v. TukeySupreme Court of Arkansas · 1915
  4. St. Louis, Iron Mountain & Southern Railway Co. v. MorrowSupreme Court of Arkansas · 1909

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