117 Ky. 995 | Ky. Ct. App. | 1904
Opinion or the court by
Reversing.
The appellee, Susie C. Hudson, instituted this suit against the appellant, the Baltimore & Ohio Southwestern Rail
Appellee testified that she was employed' as a teacher in a stenographic school in St. Louis at $45 per month; that she purchased the ticket in controversy after 12 o’clock' at night, and left St. Louis on the train leaving for Cincinnati at 2 o’clock a. m. on the morning of December 22d; that on the evening of December 26th she presented;
Upon the trial the court instructed the jury as follows: “(a) The court instructs the jury that if they shall believe from the-evidence that on the 22d of December, 1900, the plaintiff bought from the defendant, at St. Louis a round-trip ticket from St. Louis, to Cincinnati, and that, within the time limited by the terms of the contract (that is, upon the 26th of December, 1900), she presented the ticket to the agent of the defendant at Cincinnati, and signed her name upon it in his presence, as required by the terms of said ticket, and that said agent wrongfully refused to validate the ticket, and refused to admit her to the train for her said return trip upon said ticket to St. Louis, and charged her with presenting a fraudulent ticket, then the law is for the plaintiff, and they should so find, (b) But unless the plaintiff bought the said round-trip ticket at St. Louis, and signed her name upon it at Cincinnati, as required by the contract therein, and requested the defendant to validate it, and the agent wrongfully refused to do so, then the law is for the defendant, and the jury should so find.”
A condition, upon a return excursion ticket sold by the railroad company at a reduced rate, requiring the holder to identify herself as the original purchaser of the ticket by writing her signature on the back thereof, and, if this is not satisfactory to the validating agent of the company, to produce other proofs of the fact of identity, is neither unreasonable nor unusual; and the validity of such conditions has, we believe, been universally upheld, as based upon a sufficient consideration. See Hutchinson on Carriers, section 580b; Ray on Negligence of Imposed Duties,
For reasons indicated, the judgment is reversed, and the cause remanded for proceedings consistent with this opinion.