137 Ky. 845 | Ky. Ct. App. | 1910
Opinion of the Court by
— Affirming-
The appellant, Mrs. Josie McKinley, sued the Louisville & Nashville Railroad Company and the Illinois Central Railroad Company for damages alleged to have been sustained because she was wrongfully ejected from, one of the trains of the Illinois Central Railroad Company under the following circumstances: On November 19, 1907, she purchased a ticket at Owensboro, Ky., entitling her to passage to Maxwell, Tenn., by Nashville. This ticket was purchased at the Union Station in Owensboro of an agent who was the joint employe of the Louisville
Two questions are raised for determination: First. Does the petition state a cause of action against either or both defendants? Second, Has plaintiff’s right of appeal been lost or waived because she failed to object to the motion to dismiss her petition after the demurrer had been sustained, and failed to except to the ruling of the court when the judgment had been entered?
Appellant’s ticket called for passage over the Louisville & Nashville Railroad from Henderson to Nashville, and, of course, did not entitle her to passage over the lines of the Illinois Central. As she had no ticket entitling her to passage and refused to
No ground of complaint being afforded her by being ejected from the train when, where, and as she was, if appellees or either of them were negligent, it was the failure of their agents at Owensboro and Henderson to properly instruct appellant as to how she should proceed; and it is upon this point that her counsel in the main relies. It is argued that the agent at Owensboro was negligent in not telling appellant when he sold her the ticket over which road it routed her and how she must go. Undoubtedly, .if she had asked such question, it would have been his duty to have advised her, but his duty did not require him to volunteer information unsought. Appellant asked for a ticket to a certain point in Tennessee by way of Nashville. The agent had the right to presume that she not only knew where she wanted to go, but the way to reach that point. He sold her a ticket entitling her to passage from Owensboro to Maxwell, Tenn., over the lines of the Louisville & Nashville. The ticket, in plain and unmistakable terms, showed that she was routed over the Louisville & Nashville. He had a right to presume that she could read, and if she could, and exercised any degree of care whatever, she could have easily informed herself as to the road over which she would travel. Possessed of this information, all that remained for her to learn of the agent was the time of the departure of the train from Owensboro. Tips she evidently learned, for it is recited in her petition that shortly after the purchase of the ticket she boarded a train for Henderson,
The trial'court did not err in holding that the plaintiff stated no cause of action. It is unnecessary to pass upon the other question raised.
Judgment affirmed.