Legal Opinion

Curtis v. Louisville City Railway Co.

Court of Appeals of Kentucky

Decided September 23, 1893PublishedCited by 3 opinions

Case 101 — PETITION ORDINARY — Brief withdrawn. 1. The rule of the company requiring a passenger to put his fare in the fare-box, and forbidding fares to he paid to the driver, is a reasonable and valid rule, necessary to protect the company, and to enable it to prevent losses and frauds, and to perform its public service. (Reese v. Pa.

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Case 101 — PETITION ORDINARY — Brief withdrawn. 1. The rule of the company requiring a passenger to put his fare in the fare-box, and forbidding fares to he paid to the driver, is a reasonable and valid rule, necessary to protect the company, and to enable it to prevent losses and frauds, and to perform its public service. (Reese v. Pa. Railroad, 17 American State Reports, 820; McGowan v. Morgan county, 17 American State Reports, 416.) % As the change belonged to the driver and not to the company, the handing of the fifty cents to the driver for change was no more a payment of fare than…

1Opinion of the CourtChief Justice Bennett

The appellant took passage on the defendant’» street oar, to be conveyed from his house to his law office in the city of Louisville. The fare was five cents. The appellant, not having the exact change, handed the driver a fifty cent piece in coin, and requested the change for it. The driver gave him a package of nickels marked fifty cents. The appellant immediately, and in the presence of the driver, though his attention at the time might have been directed to the front, counted the nickels, and they were short five cents, and while still in the driver’s presence and with the nickels in his…

2Cases cited1 opinion

  1. Wilsey v. L. & N. R. R.Court of Appeals of Kentucky · 1886

3Cited by3 opinions

  1. Smith v. PattonCourt of Appeals of Kentucky · 1898
  2. Prudential Insurance Co. of America v. Tuggle's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Martin v. the Rhode Island CompanySupreme Court of Rhode Island · 1911

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