Knopf v. Richmond

• Decision Date: 21 February 1889
• Citation: 8 S.E. 787,85 Va. 769
• Court: Virginia Supreme Court
• Parties: Knopf v. Richmond, P. & P. R. Co.

8 S.E. 787

(85 Va. 769)

Knopf

v.Richmond, P. & P. R. Co.

Supreme Court of Appeals of Virginia

February 21, 1889

1. Carriers of Passengers—Contract of Carriage.

A copartnership entered into a written contract with defendant railroad company, the consideration of which was " a ticket, entitling either one of said [firm,] but only one on any train, to occupy one seat, and travel on the passenger trains of said railroad company. " Held, that the firm was entitled to only one ticket, which was to be presented whenever any one of the firm took passage on defendant's trains.

2. Contract—Construction—Question for Jury.

Defendant issued to the firm, under the contract, an annual pass, on the expiration of which the firm applied for and secured a renewal, but, on the expiration of the latter, did not apply for another renewal. Held, that the question whether it was the duty of defendant to issue a renewal without application was to be determined by the jury, on the practical construction put upon the contract by the parties.

Error to circuit court, Caroline county; W. S. Barton, Judge.

Action by M. M. Knopf against the Richmond, Fredericksburg & Potomac Railroad Company. Judgment for defendant, and plaintiff brings error.

J. G. Mason and E. C. Moncure, for plaintiff in error. A. B, Chandler, for defendant in error.

Lewis, P. This was an action of trespass on the case in the circuit court of Caroline county against the Richmond, Fredericksburg & Potomac Rail-road Company, to recover damages for the alleged wrongful ejectment of the plaintiff, M. M. Knopf, from one of the passenger trains of the defendant company on the 27th of January, 1887. The plaintiff claimed the right to be transported by the said company in the train from which he was ejected by virtue of a certain written contract, dated the 4th day of April, 1885, and of which the following is a copy:

"This agreement, made and entered into the 4th day of April, 1885, between the Richmond, Fredericksburg and Potomac Railroad Company, of the first part, and the firm known and designated as ' Knopf Brothers & Co., ' of Caroline county, Va., whereof Jacob Knopf, C. E. Knopf, A. G. Knopf, and M. M. Knopf are the individual members, of the second part, witnesseth, that for and in consideration of the sum of one dollar, paid to the second party by the first party, (the receipt whereof is hereby acknowledged,) and for the further consideration of a ticket, entitling either one of the said Knopfs, but only one, on any train, to occupy one seat, and travel on the passenger trains of said railroad company between Richmond and Quantico, without charge, that said first party may enter upon and take away from a tract of land lying west of said line of railroad, between it and the Mattaponi river, and opposite, or nearly so, to the turnout known and designated as ' Baylor's, ' and extending from near the north, and to near the south end of same, or a few hundred yards beyond these limits, in either direction, the gravel required for the purposes of the said first party, (but not for sale by the said first party to another:) provided, that the area of said land taken from said tract in any one year, beginning with the date of this agreement, shall not exceed one-half an acre. It is understood that this arrangement shall continue in any event for one year from said date, and thereafter either until said railroad company shall be double-tracked or voluntarily relinquish the use of and retire from the tract aforesaid, and remove therefrom its tracks and cars, or until the said firm or its members shall sell out, convey, or otherwise relinquish, the fee-simple in said tract of land to other parties or persons than any named in this deed, and no longer. And it is covenanted and affirmed by the said second party that they are the lawful and sole owners of the said tract of land; that they have the right to convey it or any part of it; that they have not given any lien or placed any incumbrance upon the same; and that the first party shall have peaceful possession of the...