Thomas v. Southern Railway Co.
Supreme Court of North Carolina
Action by J. S. & J. R. Thomas against the Southern Railway Company, heard by Judge ill. H. Justice, at September Term, 1902, of the Superior Court of Haywood County. Prom a judgment for the plaintiffs, the defendant appealed.
1DissentCook, J.
Upon the facts stated in the case agreed, plaintiff is bound by her special contract with defendant company, and can recover only the sum of one hundred dollars for the baggage destroyed by fire in the wreck.
There is a distinction between a passenger ticket in the ordinary form, which is regarded as a mere voucher or token, and a ticket which is and purports on its face to be the entire contract between the carrier and passenger. (5 A. and E. Enc. Law, 2d Ed., 560.)
The regular local first-class fare was three cents per mile; but in buying a thousand mile ticket, paying for that much mileage…
2Cases cited2 opinions
- Indianapolis & Cincinnati Railroad v. CoxIndiana Supreme Court · 1868
- Warner v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867