Manning v. Louisville & N.R. Co.

• Decision Date: 26 April 1892
• Citation: 11 So. 8,95 Ala. 392
• Parties: MANNING v. LOUISVILLE & N. R. CO.
• Court: Alabama Supreme Court

11 So. 8

95 Ala. 392

MANNING v. LOUISVILLE & N. R. CO.

Supreme Court of Alabama

April 26, 1892

Appeal from circuit court, Jefferson county; JAMES B. HEAD, Judge.

This was an action by James Manning against the Louisville &amp Nashville Railroad Company to recover for being ejected from a train of the defendant. The court charged the jury that, if they believed the evidence, they should find for the defendant, which they accordingly did. Judgment was entered on the verdict for the defendant, and plaintiff appeals. Affirmed.

Bowman & Harsh, for appellant.

Hewitt, Walker & Porter, for appellee.

STONE C.J.

Plaintiff purchased an excursion ticket to and from New Orleans from defendant's ticket agent at Birmingham. He obtained it at reduced rates, but on certain conditions as to its use, which were printed on the ticket, and subscribed by him. Plaintiff testified that he had read the conditions. Among them are the following: "In consideration of the reduced rate at which this ticket is sold, I, the undersigned, agree with the Louisville and Nashville Railroad Company as follows: That on the date of my departure, returning, I will identify myself as the original purchaser of this ticket, by writing my name on the back of this contract, and by other means, if required, in the presence of the ticket agent of the Louisville and Nashville Railroad Company at the point to which this ticket was sold, who will witness the signature date and stamp the contract; and that this ticket and coupons shall be good returning only for a continuous passage from such date, and in no case later than the date canceled in the margin of this contract." Plaintiff conformed to all the requirements of this contract until he reached Mobile on his return trip. At that place he stopped off one day. At the end of that time he boarded another train of the railroad at midnight, and took a berth in a sleeping car. He proceeded unmolested on his homeward trip until he passed Montgomery, and was nearing Calera, less than 40 miles from Birmingham.

At that stage of his journey the conductor in charge of the train discovered he was traveling on a forfeited ticket, but possibly did not learn he had so traveled before he reached Montgomery. As a condition of his proceeding further the conductor exacted of him that he should pay fare from Montgomery to Birmingham, or, failing, that he would be put off the train at the next station, which would be Calera. Reaching Calera, plaintiff procured from the ticket agent at that place a ticket to Birmingham, and upon that ticket sought to continue his journey on the same train. This the conductor refused to allow him to do, stating that under the road's regulations he could not permit him to proceed unless he would also pay the back fare from Montgomery. This he failed to do, and was ejected from the train. The present action is brought to recover damages for such ejection.

A regulation by which railroads, when passengers are found on their trains who have no tickets, or who have only forfeited tickets, require of such passengers fare, not only for that part of the route to be traveled, but also for the part already passed over, is certainly a reasonable one. If persons who are attempting to ride without paying fare can have the past forgiven, and need pay only from the place and time of...