69 N.Y. 594 | NY | 1877
The plaintiff purchased a ticket at Buffalo for Lockport, and a ticket from Lockport to Troy. The ticket indicates no particular route. It was simply a ticket from “ Lockport to Troy.” The evidence was undisputed on the trial that all through trains passed over the direct road between Rochester and Syracuse, passing through Palmyra, Lyons and Clyde, a distance of eighty-one miles. The old- road (so-called) between Rochester and Syracuse is 104 miles passing through Auburn. The trains for that road are made up at each end and terminate at each end. It is practically a way route; and not a through route. The question is what the contract was on the part of the defendant by the ticket purchased by the plaintiff. It seems to me that it was a contract to carry the plaintiff over the usual, through, and most direct route, and nothing more. The defendant is restricted to a charge of two cents a mile.
And so upon purchasing a ticket at Buffalo for Albany or Troy, it would not be lawful for the company to charge either the twenty-three miles over the Auburn road, or around by Albany to Troy. It could only charge for the usual and direct route. Otherwise it might evade the provisions of the statute restricting the charge of two cents a mile.
It would be proper as a matter of information to purchasers of through tickets at or west of Rochester to specify on the ticket which route the ticket entitles the passenger to travel. Such a course would prevent misunderstanding, but we must determine from the facts appearing before us what the contract in this case was, and I am of opinion that it was a contract to carry the plaintiff over the direct road, and not one to carry over an unusual and roundabout way,' twenty-three miles farther. If the company should take a through train over the Auburn route especially without notice to the passengersl the question would be quite different. The obligations of the contract are mutual, and the company could
The ticket was not purchased at the office of the company, or of any of its authorized agents, and therefore the declarations of the person of whom it was purchased are not admissible against the defendant.
The judgment must be affirmed.
All concur. Allen, J., taking no part.
Judgment affirmed.