Lexington & Eastern Ry. Co. v. Lyons, Etc.

• Citation: 104 Ky. 23
• Parties: Lexington & Eastern Railway Co. v. Lyons, Etc.
• Decision Date: 31 May 1898
• Court: Kentucky Court of Appeals

Page 23

104 Ky. 23

Lexington & Eastern Railway Co. v. Lyons, Etc.

Court of Appeals of Kentucky.

May 31, 1898.

APPEAL FROM LEE CIRCUIT COURT.

MORTON & DARNELL AND ARTHUR CAREY FOR APPELLANT.

H. H. HARRIS, THEO. B. BLAKEY AND RIDDELL & RIDDELL FOR APPELLEE.

T. B. BLAKEY AND H. H. HARRIS FOR APPELLEE IN A PETITION FOR A REHEARING.

J. R. MORTON FOR APPELLANT, IN RESPONSE TO A PETITION FOR A REHEARING.

CHIEF JUSTICE LEWIS DELIVERED THE OPINION OF THE COURT.

Appellee, a boy about 14 years of age, suing by his next friend, brought this action to recover damages for being by the conductor put off a passenger train belonging to appellant, under the following alleged circumstances: On December 25, 1894, he purchased of appellant's ticket agent, at Beattyville Junction, a round-trip ticket from that station on appellant's road to Lexington and back; the return ticket being printed, and as follows: "Issued by the Lexington & Eastern Railway. Excursion Lexington Exposition, Lexington, Ky., to Beattyville Junction. Not good after two days from sale and in no case good after January 8, 1895. [Signed] Charles Scott, General Passenger Agent." On the back of the ticket were the words, "No stopover allowed;" also stamp of the railroad and the words in writing, "Dec. 25, 1894." December 31, 1894, appellee boarded appellant's train at Lexington for the purpose of returning to Beattyville Junction, but the conducter of that train, when about a mile out from the depot, refused to accept from appellee the return ticket described in satisfaction of his fare, and appellee, failing to pay his fare in money, was ejected from the train and compelled to walk back to Lexington, where he remained until the next day, when he paid his fare, and returned home.

It is alleged in the petition, but denied in the answer, that at the time appellee purchased said round-trip ticket at Beattyville Junction the ticket agent of appellant at that station represented to him that it would be good until the 8th day of January, 1895, and upon said representation appellee paid to said agent the sum of $2.35, and received therefor said ticket. Upon the trial the court gave to the jury the following instructions: "The court instructs the jury that if they believe from the evidence that at the time plaintiff bought the ticket offered in evidence that defendant's agent at Beattyville Junction represented to plaintiff that said ticket would be good for passage upon defendant's train from Beattyville Junction to Lexington and return at any time between the 25th day of December, 1894, and January 8, 1895, and that plaintiff bought and paid for said ticket relying upon said representation, and that plaintiff offered and attempted to return upon defendant's train before January 8, 1895, and was ejected therefrom by defendant's agents or employes, they will find for plaintiff such damages, if any, as they believe from the evidence he has sustained by reason of said ejectment not exceeding $5,000, and unless they so believe they will find for defendant. The measure of damages, if any, is such as will compensate the plaintiff for any loss of time, expense of a night in Lexington, the cost of transportation from Lexington to Beattyville Junction, and for any humiliation or mortification to which he may have been subjected by reason of being removed from the train; but as to this latter item of damages the jury are instructed that they should not allow him, if they believe from the evidence that before he got upon the train at Lexington to return to Beattyville Junction the extension of his ticket had been...