14 Ga. App. 258 | Ga. Ct. App. | 1914
The plaintiff in error sued the railway company for dámages, and after the conclusion of the evidence at the trial the court directed a verdict against him. He filed a motion for a new trial, based solely on the grounds that the verdict was contrary to law and evidence.' Prom the evidence it appeared that the plaintiff boarded the defendant’s train at Rockmart, to' go to Aragon, a distance of four miles. The ticket fare was ten cents, but, under the rules of the railroad commission, the carrier is permitted to collect twenty-five cents, cash fare, where the passenger, by reason of his own want of reasonable diligence, has failed to obtain a ticket. The plaintiff failed- to provide himself with a ticket, without fault on the part of-the defendant, and refused to pay the excess fare. Thereupon the train was stopped and he was quietly ejected therefrom, no mora force being used than was necessary to accomplish the purpose. The plaintiff bases his right to recover upon the theory that the carrier had previously accepted from him and other passengers ten cents as cash fare from Rockmart to Aragon, and that he had no notice that this custom would be departed from at
Judgment affirmed..