110 Mich. 614 | Mich. | 1896
Plaintiff was returning home from Detroit. He took a train that ran over the Dundee Branch of defendant’s road, at Trenton, to go to Flat Rock, a distance of 6.3 miles. The defendant had for many years charged 25 cents fare between those places, and plaintiff had often paid that amount. Believing the company had no right to collect more than 3 cents a mile, plaintiff tendered the conductor 21 cents in payment of his fare. The conductor refused to accept the 21 cents, and demanded 25. This was not paid, and the conductor put the plaintiff off the train. The plaintiff claims it was
Testimony was offered by the plaintiff as to the effect upon his health of the exposure to which he was subjected. His neighbors testified in relation to his physical condition both before and after the night in -question. This testimony was objected to. There are several assignments of error in relation to its admission and the admission of other testimony. We have examined them all, and do not think any of them well taken.
It is not contended in the brief of counsel that defendant had a right to charge more than three cents a mile. It is the claim of defendant that plaintiff should have paid the extra four cents, and, if he thought the company was not entitled to it, he should have sued the company to recover it back, and that when he failed to do this, and was put off the train, he could recover only nominal damages; citing Hall v. Railroad Co., 15 Fed. 57; Townsend v. Railroad Co., 56 N. Y. 295 (15 Am. Rep. 419); Chicago, etc., R. Co. v..Griffin, 68 Ill. 499; Toledo, etc., R. Co. v. Wright, 68 Ind. 586 (34 Am. Rep. 277); Pullman Palace Car Co. v. Reed, 75 Ill. 125 (20 Am. Rep. 232); Frederick v. Railroad Co., 37 Mich. 342 (26 Am. Rep. 531); Hufford v. Railway Co., 53 Mich. 118. An examination of these cases will disclose the fact that they do not sustain the position urged by counsel. They relate to cases where the passenger was seeking to travel without having a ticket indicating his right to passage, and without offering to pay his fare. The case at issue is entirely different from any of them. Here the defendant was exacting an illegal fare, — something it had no right to do. The plaintiff was seeking to
Judgment is affirmed