Randolph v. Quincy, O. & K. C. R. Co.

• Decision Date: 04 February 1908
• Citation: 129 Mo. App. 1,107 S.W. 1029
• Court: Missouri Court of Appeals
• Parties: RANDOLPH v. QUINCY, O. & K. C. R. CO.

107 S.W. 1029

129 Mo. App. 1

RANDOLPH v. QUINCY, O. & K. C. R. CO.

St. Louis Court of Appeals. Missouri.

February 4, 1908.

1. CARRIERS — PASSENGERS — EJECTION — EXPIRED TICKET.

Where a drover's pass on which plaintiff claimed a right to ride recited that it was issued, subject to "the following contract," the first provision of which declared that it was good only for continuous train passage commencing on the date punched in the margin, and plaintiff did not begin his journey until the day succeeding that date, the ticket did not entitle plaintiff to ride thereon.

2. SAME—DUTY TO READ TICKET.

Where plaintiff was given a drover's pass covering return transportation, it would be presumed, in the absence of evidence to the contrary, that plaintiff could read, and it was his duty to read the pass and make himself acquainted with and comply with its conditions.

3. SAME — EJECTION — PLACE—STATUTES—APPLICATION.

Rev. St. 1899, § 1074 [Ann. St. 1906, p. 923], provides that, if a passenger refuses to pay his fare, the conductor of the train may eject him at any usual stopping place, or near any dwelling house. Held that, where plaintiff claimed a right to ride on an expired drover's pass which had been refused, and plaintiff had paid his fare to a division point, and thereafter was ejected by the conductor of the succeeding train because of his refusal to pay fare except with the pass, he was a trespasser as to whom the statute was inapplicable, and was properly ejected at a point not a usual stopping place, or near a dwelling house.

Appeal from Circuit Court, Knox County; Chas. D. Stewart, Judge.

Action by William H. Randolph against the Quincy, Omaha & Kansas City Railroad Company. Judgment for plaintiff, and defendant appeals. Reversed.

J. G. Trimble, for appellant. Jno. E. Luther, for respondent.

BLAND, P. J.

On June 8, 1904, plaintiff was put off of defendant's passenger train at West Quincy on account of his refusal to pay $1.55, the regular fare from Quincy to Edina, Mo., the latter station being plaintiff's destination. He was also compelled to pay fare from St. Louis to Quincy, having in his possession at the time a drover's ticket over defendant's road from St. Louis to Edina, on which he claimed the right to passage. Plaintiff prayed for both actual and punitive damages. The verdict of the jury was in his favor for the sum of $75, for which amount the court rendered judgment. The appeal is from this judgment.

Briefly stated, the facts are that on December 5, 1904, plaintiff shipped a car load of horses and mules from Edina, Mo., to the National Stockyards in East St. Louis, Ill. The shipment was consigned to the commission firm of Campbell & Reid, which company, on the arrival of the car at East St. Louis, paid the freight ($42.80), unloaded the car, and, on December 7th, sold the stock. On the same day plaintiff received from defendant's freight traffic manager at St. Louis, Mo., a drover's pass, good for continuous transportation from St. Louis to Edina, Mo., to begin on December 7th. Plaintiff could have taken a train on the 7th, after receiving the pass, and arrived at Edina on the following morning; but he was detained in St. Louis on account of the rejection of one of his horses, and did not take a train until the morning of the 8th. He presented his ticket to conductor Jamison, who told him the ticket was dated the 7th and he could not ride on it. Plaintiff then requested the conductor to let him off, stating that he would go back and get another ticket. The conductor informed plaintiff that he could not stop the train until he got to Ellsberry, but that he could pay his fare and get a receipt so that he could get his money back. Plaintiff paid his fare to Quincy, and the conductor gave him a receipt for it. At Quincy plaintiff had to take another train, on which one Bunnell was conductor. Jamison spoke to Bunnell about plaintiff's ticket before the train left Quincy, and informed him pl...