104 Ky. 23 | Ky. Ct. App. | 1898
delivered the opinion of the court.
Appellee, a boy about 14 years of age, suing by his next friend, brought this action to recover damages for being by the conductor put off a passenger train belonging to appellant, under the following alleged circumstances: On December 25, 1894, he purchased of appellant’s ticket agent, at Beattyville Junction, a round-trip ticket from that station on appellant’s road to Lexington and back; the return ticket being printed, and as follows: “Issued by the
It is alleged in the petition, but denied in the answer, that at the time appellee purchased said round-trip ticket at Beattyville Junction the ticket agent of appellant at that station represented to him that it would be good until the 8th day of January, 1895, and upon said representation appellee paid to said agent the sum of $2.35, and received therefor said ticket. Upon the trial the court gave to the jury the following instructions: “The court instructs the jury that if they believe from the evidence that at the time plaintiff bought the ticket offered in evidence that defendant’s agent at Beattyville Junction represented to-plaintiff that said ticket would be good for passage upon defendant’s train from Beattyville Junction to Lexington and return at any time between the 25th day of December, 1894, and January 8, 1895, and that plaintiff bought and paid for said ticket relying upon said representation, and that plaintiff offered and attempted to return upon defendant’s train before January 8, 1895, and was ejected there