Legal Opinion

Drew v. Central Pacific Railroad

California Supreme Court

Decided July 1, 1876No. 4566PublishedCited by 2 opinions

Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 6th day of September, 1872, the plaintiff Drew purchased at Omaha, from the agent of the Union Pacific Eailroad Company, a second-class ticket to San Francisco, for the sum of $80, being $20 less than the regular rate.

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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 6th day of September, 1872, the plaintiff Drew purchased at Omaha, from the agent of the Union Pacific Eailroad Company, a second-class ticket to San Francisco, for the sum of $80, being $20 less than the regular rate. In consideration of this reduced rate, plaintiff accepted a ticket which is in form and words as follows: He then, the same day, proceeded on a regular train of the Union Pacific Eailroad towards Ogden. Shortly after leaving Omaha the conductor came along, took up the ticket, as…

1Opinion of the Court

By the Court:

The plaintiff had no right to “ stop over ” at Sacramento after the defendant had commenced the performance of the contract. He had no such right under the terms of the ticket which he purchased at Omaha in the first instance, and which, on its face, contained nothing on the subject. (Dietrich v. Penn. R. R. Co., 71 Penn. St. 482, and cases there cited; McClure v. P. W. & B. R. R. Co., 34 Md. 532; Churchill v. C. & A. R. R. Co., 3 Am. R. W. R. 433.) The conductor’s check, which the plaintiff received in lieu of his ticket after leaving Omaha, contained these words: *429“No stop-over…

2Cases cited1 opinion

  1. McClure v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1871

3Cited by2 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. HenryTexas Supreme Court · 1892
  2. Roberts v. KoehlerUnited States Circuit Court · 1887

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