Lake Shore & M.S.R. Co. v. Pierce

• Citation: 11 N.W. 157,47 Mich. 277
• Parties: LAKE SHORE & MICHIGAN SOUTHERN RY. CO. v. PIERCE.
• Decision Date: 05 January 1882
• Court: Supreme Court of Michigan

11 N.W. 157

47 Mich. 277

LAKE SHORE & MICHIGAN SOUTHERN RY. CO. v. PIERCE.

Supreme Court of Michigan

January 5, 1882

Railway passengers have a right to rely, until differently informed on the information received by them from ticket agents in answer to their inquiries as to the stoppages of trains. But they must not disregard reasonable means of information.

Where a railway passenger is not in fault in starting on a particular train, he has a right of action against the company for damages arising from its refusal or failure to take him to his destination as agreed through its ticket agent. But whatever his remedy he has no right, without paying additional fare, to stay on the train after he is notified by the conductor that it will not stop there, and the additional exaction will be an element of the damages to which he may be entitled.

A railway conductor cannot be required by a passenger to deviate from his train rules on the latter's statement of an alleged agreement with the company conflicting therewith.

Every one is bound to know that a railway conductor has no general power to run his train except in conformity to the schedule.

A passenger wrongfully on a railway train can recover no damages for his removal and exclusion therefrom except for needless violence. He cannot complain of an indignity which it was his duty to avoid and which he was bound to expect.

A railway company has power, subject to liability for damages for any breach of contract involved, to determine for itself what trains shall stop at particular places.

Error to Branch.

Weaver & Weaver, James Mason, and Oscar G. Getzan, for plaintiff in error.

Frank L. Skeels and Loveridge & Barlow, for defendant in error.

CAMPBELL J.

Pierce obtained judgment against the plaintiff in error for expulsion from a train on which he was riding, under a disputed claim of right. The facts which must have been found by the jury to maintain his right were these Pierce living near Batavia, which is a station about six miles distant midway between Bronson on the west and Coldwater on the east, bought a ticket from the Batavia agent for passage to Elkhart and return, which was to be used within 30 days, and for continuous passage each way. Before and at the time of buying the ticket he inquired of the agent what trains would take him back and forth on the ticket, and was told that he could return on any train, but particularly that he might do so on the midnight or on the 5:10 o'clock morning train. On his return he took the 5:10 train at Elkhart. After the train had gone some distance the conductor in his usual round called on Pierce for his ticket and on seeing it took it up, and told him he would have to get off at Bronson or else pay 20 cents more and go on to Coldwater, as the train would not stop at Batavia.

There is considerable conflict as to what passed between the passenger and conductor then and before reaching Bronson, but it is agreed that the conductor was informed of the circumstances under which Pierce claimed to have bought his ticket, and that he informed Pierce that he should not stop at Batavia, and that it was not a place at which that train was in the habit of stopping. The conductor gave Pierce a slip which he took up before reaching Bronson, and refused to restore his ticket. Pierce did not leave the car at Bronson. Immediately after leaving Bronson the conductor found him on the train, and demanded fare to Coldwater. On Pierce's refusal to pay beyond Batavia unless he should conclude to go on, and on a...