Smith v. Southern Ry.
Supreme Court of South Carolina
Before Wieson, J., Edgefield, October, 1909. Action by Bessie D. Smith and H. A. Smith against the Southern Ry. Co. Defendant appeals. cites: Violation of the stipulations on the mileage contract avoids it: 25 Pac. 733; 25 Ency. 1091; 15 111. App. 100; 53 Md. 201. Purchasing ticket for the wife violates the contract: 26 S. C. 96; 65 S.,C. 103; 25 Ency. 804; 56 L. R. A. 741; 44 Am.
Read the full summary
Before Wieson, J., Edgefield, October, 1909. Action by Bessie D. Smith and H. A. Smith against the Southern Ry. Co. Defendant appeals. cites: Violation of the stipulations on the mileage contract avoids it: 25 Pac. 733; 25 Ency. 1091; 15 111. App. 100; 53 Md. 201. Purchasing ticket for the wife violates the contract: 26 S. C. 96; 65 S.,C. 103; 25 Ency. 804; 56 L. R. A. 741; 44 Am. St. R. 95. Conductor properly lifted the mileage: 14 L. R. A., N. S. 368. There being, no contradiction of acts of conductor Court should have held there was no wilfulness: 133 N. Y. 622; 101 Mo. 93; 105 Mo. 399; 49…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This action was brought to recover damages for compelling plaintiff to pay her fare in cash, under threat of' expulsion from one of defendant’s trains, notwithstanding she presented to the conductor a ticket which had been issued and sold to her husband for her by one of defendant’s ticket agents.
The ticket was obtained under the following circumstances: Plaintiff’s husband had purchased one of defendant’s interchangeable 1,000-mile individual mileage coupon books, upon the cover of which is printed a contract which was signed by…
2Cases cited11 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Hufford v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
- O'Rourke v. Street Ry. Co.Tennessee Supreme Court · 1899
- Hot Springs Railroad v. DeloneySupreme Court of Arkansas · 1898
- Chiles v. Southern RailwaySupreme Court of South Carolina · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- M. N. Bleich & Co. v. EmmettCourt of Appeals of Texas · 1927
- Southern Pacific Co. v. BoyceArizona Supreme Court · 1924
- Eaddy v. Greensboro-Fayetteville Bus Lines, Inc.Supreme Court of South Carolina · 1939
- Watkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1914
- Enlee v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1918
12 more not listed; retrieve them via the Exa API.