27 Ind. App. 135 | Ind. Ct. App. | 1901
— The appellee sued the appellant. A demurrer to the complaint for want of sufficient facts was overruled. The appellant answered in one paragraph, a demurrer to which was sustained. The appellant refusing to plead further, and electing to stand by its answer, the court ordered judgment for the appellee. On the appellee’s motion and by consent of the appellant the cause was submitted to the court for trial without a jury upon the question as to the amount of damages, which the court assessed at the sum of $100. The appellant’s motion for a new trial and its motion in arrest of judgment having been overruled, judgment was rendered for the amount assessed.
The complaint- contained averments in substance as follows : The appellant owned, controlled, and operated, under one management, two different divisions or branches of railway, one line extending from Lafayette to Indianapolis, the other from Indianapolis to Muncie, all said places being regular stations for receiving and discharging passengers. A passenger traveling from Lafayette to Muncie or from Muncie to Lafayette over the appellant’s route was compelled to change cars from one of said divisions to- the other at Indianapolis, where the appellant maintained a depot and
In the answer it was alleged that the ticket and coupon were sold by the appellant to the appellee as a 4th of July excursion ticket and coupon for $4.35, which was only one-half of the rate usually charged for passage over the appellant’s railroads from Lafayette to Muncie and return. The form of the ticket from Lafayette to Indianapolis and thence to Muncie was set out, as follows:
“Issued by the Cleveland, Cincinnati, Chicago’ & St. Louis, E. Co. Big Eour route. Fourth of July Excursion, 1897. Going coupon. One continuous passage. Lafayette, Ind., to Muncie, Ind., via short line only. Good only on trains scheduled to stop July 3rd, 4th, or 5th, 1897. Date of sale stamped on back. Void if detached from return coupon. Form J. E. 8.” The date of sale of the ticket, July 3, 1897, was stamped on its back. The form of the return coupon attached to the ticket was given, as follows: “The Cleveland, Cincinnati, Chicago & St. Louis E. Co. Big Four route. Fourth of July Excursion, 1897. One continuous passage. (Betum coupon). Muncie, Ind., to Lafayette, Ind., via short line only. Good only on trains scheduled to stop until July 6, 1897, inclusive. 3604. Form J. E. 8. E. O. McCormick, Pass. Traf. Mgr.” The date of the sale of the coupon, July 3, 1897, was stamped on its back.
It was alleged that the train on which the appellee proposed to take passage did not leave Indianapolis until 12:30 a. m. July 7, 1897, and did not arrive at Lafayette until about 2:30 a. m. of that date. It was also alleged that during the 6th day of July, 1897, the appellant had five separate passenger trains running from Indianapolis to Lafayette, on regularly scheduled and publicly advertised time, stopping at the union passenger depot, in Indianapolis, to receive passengers, and stopping at appellant’s depot in Lafayette to discharge passengers; that each of these trains
When, under the regulations of the railroad company, the passenger conforming thereto is placed in a situation needing explanation as between him and the conductor} it is the
If under the terms of the coupon the appellee had the right, which he claimed, to a continuous passage from Muncie to Lafayette, as in going he had the right to a continuous passage from Lafayette to Muncie, his going into the waiting-room at the Indianapolis depot and his tarrying there outside the gates of the car-shed until the arrival of the next train to Lafayette, did not make him cease to be the appellant’s passenger, and as such he had the right at the proper time to return through the gateway for the purpose of taking his place in the car.
The case is not one involving the effect of explanations or directions given to the passenger when he bought his ticket, or oral or collateral agreement or understanding between him and the appellant’s officers or agents; but is one where we must resort to the words of the printed ticket which he bought.
The purchaser of a railway ticket has a right to treat it according to its purport. Brooke v. Grand Trunk R. Co., 15 Mich. 332. The complaint stated that the return coupon was marked, good until July 6, 1897, inclusive. In the copy of the coupon set out in the answer were the words, “One continuous passage (Return coupon). Muncie, Ind., to Lafayette, Ind., via short line only. Good only on trains scheduled to stop until July 6, 1897, inclusive.”
These words were the words of the railroad company, selected by it as the terms regulating the transportation which it sold to the appellee. If the language could be said to be so definitely precise that there could be no difference of opinion as to its meaning, no room for construction, the appellee would be bound accordingly, and the court would be obliged to follow that meaning; but if the language is ambiguous or admits of doubt as to its meaning, it must be given the construction of which it is capable most favorable
By its terms the coupon would not be good on trains not scheduled to stop, but if the holder sought to ride as a pássenger on trains scheduled to stop, it would be good until July 6, 1897, inclusive. It was to be used for a continuous passage, which involved the necessary change at Indianapolis from one train to another, hoth being trains of one company, the one from which the ticket with its coupon was purchased.
The appellee commenced his return journey within the life of the ticket and was seeking to make it a continuous journey. He did not present, and was not provided with, a separate ticket purporting to he good for passage only from Indianapolis to Lafayette good only until July 6, 1897; but he offered the gatekeeper and the conductor the ticket purporting to give the right of passage from Muncie to Lafayette, which, on leaving Muncie, he had presented to the conductor, who had punched it and returned it to the appellee to be delivered by him as the indication provided by the company of his right to be recognized as a passenger upon the connecting train. It can not be said that the ticket showed clearly and without doubt his right to be received upon the connecting train after midnight. The company might easily have made the language of the ticket wholly free from doubt upon this question. Resolving all doubt in favor of the holder of the ticket, we can not say that he, taking the language of the ticket into consideration with the circumstances might not in good faith construe the coupon as indicating a right to a 'continuous passage from Muncie to Lafayette on the appellant’s connecting trains, if he- pre
The appellant, owning the two connecting railroads, treated them as one line upon its ticket and coupon, and it can not be said that there was no warrant for the assumption on the part of the appellee that the continuous passage was an entirety, commenced by surrendering the coupon on the first part of the journey, though the coupon came again into his possession for the purpose for which, after punching it, the conductor delivered it to him.
In Evans v. St. Louis, etc., R. Co., 11 Mo. App. 463, the holder of a ticket which by its terms was to be used on or before the expiration of a specified day, entered upon the transit before midnight of the last day to which the ticket was limited. It was held that he complied with the terms of the limitation and was entitled without further payment of fare to be carried to the end of the journey, though the transit could not be completed until after the expiration of the last day to which the ticket was limited.
In Auerbach v. New York, etc., R. Co., 89 N. Y. 281, the plaintiff, on the 21st of September, 18YY, purchased a ticket at St. Louis for Eew York over several railroads mentioned on coupons attached. By its terms the ticket was “good for one continuous passage to point named in coupon attached,” and it was stated on the ticket that the selling company acted only as agent for the other roads and assumed no responsibility beyond its own line; that the holder agreed with the respective companies to use the ticket on or before the
In Gulf, etc., R. Co. v. Looney, 85 Tex. 158, 34 Am. St. 787, 16 L. R. A. 471, a distinction was made between the case of a ticket over connecting railways, being a joint undertaking of-the several carriers executed by one of the companies for itself and the others, for transportation within a limited time, and the case of a coupon ticket over connecting lines, limited as to time, stipulating that tire selling company acted as the agent of the connecting companies and would not be responsible beyond its own line. It was held that, where the passenger through the fault of one of the intervening lines reached the beginning of the last line after the limited time had expired, he would be entitled upon such joint ticket to passage on the last line, but in the other case, wherein each coupon became the separate contract of the line for which it was issued, he would not be entitled to passage on the last- line. The court, referring to the case presented by the plaintiff’s petition, which was held sufficient on demurrer, said: “A joint undertaking having been shown by the petition of all the connecting lines to transport the plaintiff from Birmingham, Alabama, to Cameron, Texas, the limitation of the time in the ticket also applied to the time within which the journey should be commenced at Birmingham; and the plaintiff having commenced his journey within the time prescribed and continued the same, without a stop-over, to McGregor, he was entitled to be transported by defendant from McGregor to Cameron, notwithstanding the limitation to his ticket had expired when he reached McGregor. 2 Wood’s Eanway Law, pp. 1397,
In Gulf, etc., R. Co. v. Henry, 84 Tex. 678, 19 S. W. 870, 16 L. R. A. 318, it is said in the course of the opinion: “The right of plaintiff was to travel by one continuous journey from Brenham to Ballinger on such trains on appellant's road as carried passengers and made connection between those places, and this continuity wo-uld not be broken by any delay or change of cars made necessary by the conduct of appellant’s business.”
In Lundy v. Central Pacific R. Co., supra, the Union Pacific Railroad Company sold to the plaintiff a single through ticket from Omaha to San Erancisco, “not to be good for passage after nine days from date of sale, March 12, 1874.” The plaintiff boarded a train of the Union Pacific Railroad Co. on March 21st, and that company accepted the ticket and transported him to Ogden, where its line connects with that of the defendant, whose railroad extended from Ogden to San Francisco. The contract for carrying him from Omaha to San Erancisco was made by the Union Pacific Railroad Company by authority of the defendant. At Ogden, where he so arrived March 24, 1874, he on the same day went on board the connecting train of the defendant. When he presented his ticket he was told by the conductor that the time had expired, and upon his refusal to pay fare from Ogden to San Erancisco, he was expelled. It was said by the court, that “it was only required of the plaintiff that he present himself at the cars of the Union Pacific Railroad Company, or of the defendant, and take passage at any time within nine days from the 12th day of March, 3874. The plaintiff took passage on the- 21st of the same month, and was illegally ejected from the cars of defendant by its servant on the morning of the 25th following.” See, also, Georgia, etc., R. Co. v. Bigelow, 68 Ga. 219; Ward v. New York, etc., R. Co., 9 N. Y. Supp. 377.
The case of Mitchell v. Southern R. Co. (Miss.), 27
On the trial, it appeared in the testimony that at the Indianapolis depot the appellee walked into the passageway and presented the ticket. The gateman took it and looked at it, and said: “That ticket is no good.” The appellee said: “How is that ?” The gateman said: “It’s run out, and that is all there is to it.” The appellee could not remember what he said, but he made some objection. The gatekeeper said: “There is no' use; get out of the way, and let other passengers through.” This was at about 12:20 a. m. The appellee had arrived at 1.1:20 p. m. and this was the first train thereafter. The appellee stood aside and waited till the crowd got through. Other people made objection. The conductor came up and said: “That ticket I would not accept, if you got on the train.” The gatekeeper did not let him through. There was a large crowd of people standing about, who heard what was going on between the appellee and the gateman and the conductor. He was not acquainted with any of the persons standing about, but afterwards became acquainted with one of them. He was put to the expense of twenty cents for a place to lodge and eat. He traveled from Indianapolis to Lafayette on a freight train on the appellant’s road, leaving the former place about 1 o’clock p. m. and arriving at his destination about 3 o’clock p. m. of the 7th, his passage costing him two cigars given by him to a brakeman, the cigars having cost him ten cents. He rode about forty miles in a freight car, when upon the order of the conductor the appellee and others who were in the car got out. He talked with the conductor, and under his direction he rode the remainder of the way on the bumpers between two freight cars. When testifying in relation to what took place between him and the gateman and the conductor at the gateway he was permitted over objection to testify
• The appellee is to be regarded as being a passenger at the time he was seeking to pass through thé gateway when he was ordered out of the passageway. The ticket which he presented was good, and entitled him to be carried and to be treated with the courtesy due from the servants of a public carrier of passengers toward one whose rights as a passenger are unquestioned. We can not see substantial distinction in the matter of damages between such a case and one involving the wrongful ejection of a passenger from a train. The humiliation suffered by^e passenger as part of the effect of the wrong is in this State an element in the measure of damages. It should not be considered necessary, in order to entitle the passenger to recover for his humiliation, that he resent it and require the application of physical force to his person before yielding to the wrongful requirements of the carrier’s servants. If the courts will not afford redress for such wrongs, the incentive to resist or to seek redress by the employment of force is increased. Where, as here, the amount of compensatory damages in such case can not be said to be excessive through improper motives of the trior, it will be permitted to stand. Jeffersonville R. Co. v. Rogers, 38 Ind. 116, 10 Am. Rep. 103; Toledo, etc., R. Co. v. McDonough, 53 Ind. 289; Cincinnati, etc., R. Co. v. Baton, 94 Ind. 474, 48 Am. Rep. 179 ; Indianapolis, etc., R. Co. v. Howerton, 127 Ind. 236; Louisville, etc., R. Co. v. Wolfe, 128 Ind. 347, 25 Am. St. 436; Chicago, etc., R. Co. v. Graham, 3 Ind. App. 28, 50 Am. St. 256; Lake Erie, etc., R. Co. v. Close, 5 Ind. App. 444; Chicago, etc., R. Co. v. Conley, 6 Ind. App. 9; Lake Erie, etc., R. Co. v. Arnold, 8 Ind. App. 297; Pittsburgh, etc., R. Co. v. Berryman, 11 Ind. App. 640; Baltimore, etc., R. Co. v. Worman, 12 Ind. App. 494; Evansville, etc., R. Co. v. Cates, 14 Ind. App. 172; Louisville, etc., R. Co. v. Goben, 15 Ind. App. 123.
Judgment affirmed.