Pennsylvania Co. v. Lenhart
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Lenhart brought this action to recover damages for ejection from a train and for refusal to allow him to re-énter. He was the holder of a mileage book issued by the Pennsylvania and other railroad companies jointly.
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Lenhart brought this action to recover damages for ejection from a train and for refusal to allow him to re-énter. He was the holder of a mileage book issued by the Pennsylvania and other railroad companies jointly. The second clause of the mutual contract between Lenhart and the railroad companies read as follows: “That this ticket is not good for passage on trains, but must be presented at ticket office at starting point, where the agent will issue in exchange for mileage…
1Opinion of the CourtBaker, Circuit Judge
Lenhart paid for and received a binding contract to be carried 5,000 miles if he complied with the conditions on his part. By *63clause 2 he agreed not to present mileage coupons for passage on trains unless he embarked at a station where there was no ticket office,, or where the ticket office was closed. On its part the company covenanted that it either would maintain a ticket office at every station, and have that ticket office open a proper length of time before each train, and ready to supply him with exchange tickets for mileage coupons, or would accept the coupons on the trains. The agent…
2Cases cited3 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Northern Pac. R. v. PausonCourt of Appeals for the Ninth Circuit · 1895
- Pittsburgh, C., C. & St. L. Ry. Co. v. RussCourt of Appeals for the Seventh Circuit · 1893
3Cited by3 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910