Boston & M.R. Co. v. Chipman

• Decision Date: 12 January 1888
• Citation: 146 Mass. 107,14 N.E. 940
• Parties: BOSTON & M.R. CO. v. CHIPMAN.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

146 Mass. 107

14 N.E. 940

BOSTON & M.R. CO. v. CHIPMAN.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 1888

At the trial in the superior court, without a jury, the following facts were admitted: The plaintiff operated a railroad, as set forth in the declaration; that the established fare between Boston and Melrose Highlands, for those paying their fare on the trains, was 29 cents, and such fare is a reasonable fare; that it transported the defendant, and demanded his fare for such transportation; that the plaintiff had previously sold to the defendant and many others books containing coupons, the material parts of such books and coupons being as follows: The outside cover of the book bore the inscription, "Boston and Melrose Highlands;" on the inside of the cover was printed:

"One Hundred-Ride Ticket, Boston & Maine Railroad; good for one ride, and an additional ride for each coupon attached between Boston and Melrose Highlands. Continuous passage. Coupons to be detached by conductor only. "1200. D.T FLANDERS, Gen. Ticket Agent."

Each coupon was of the form following:

"B. & M.R.R.

"I(1200)II

"Not good if detached."

Upon the third page of the cover was printed: "NOTICE TO PASSENGERS. Passengers will please take notice that the coupons attached hereto are to be detached by or in the presence of the conductor, and will be accepted for passage only when accompanied by this ticket." This book, with coupons, entitled the owner to 100 rides between Boston and Melrose Highlands; was sold at a price less than that of 100 separate single tickets between the same places. When the conductor of the train on which the defendant was transported, demanded of the defendant his fare, the latter tendered for such fare a coupon which he had detached from a book then in his possession, similar to that described above. The conductor declined to receive this coupon as fare, unless the defendant would exhibit the book from which he had detached the coupon, but offered to receive it in payment of fare if the defendant would exhibit such book. This the defendant declined to do, and refused to pay his fare in any other manner. The defendant offered to show that it had been the custom for passengers, including the defendant, to detach coupon tickets, and pay their fares therewith, without showing their books to the conductor, he not having demanded to see them; that defendant had often paid his fare in that manner; and that, at the time referred to, other passengers on the same car gave detached coupons in payment of fare, without showing their books. This evidence the court excluded, and upon the facts admitted found for the plaintiff for 29 cents, and reported the case for the consideration of the supreme judicial court.

COUNSEL

E.R. Anderson, for defendant.

S. Lincoln, for plaintiff.

The plaintiff submits that it has long been well settled, both upon principle and authority, that carriers of...