37 Ind. App. 232 | Ind. Ct. App. | 1906
From a judgment below against it appellant prosecutes this appeal, and by its assignment of errors it is entitled to have considered and reviewed the action of the trial court (1) in overruling its demurrer to the complaint; (2) in overruling its motion for judgment on the answers to interrogatories; and (3) in overruling its motion for a new trial.
The nature of the action will clearly appear from a statement of the facts pleaded in the complaint. It is
The ticket had printed upon it the following provisions :
“This ticket shall not be good for the return trip unless the holder identifies himself * * * as the original purchaser to the satisfaction of the agent of the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company, at station to which this ticket is sold, and when officially executed by said agent it will be good for the return trip to be commenced only on date as stamped on back and canceled under head of 'Return Date’ by said agent. * * * The holder will identify himself as -the original purchaser of this ticket by writing his * * * name, or by other means, if necessary, when required by conductor or agents.”
Counsel have discussed other questions arising under the motion for a new trial; but, in view of the conclusion we have reached, they need not be considered.
Judgment reversed, and the trial court is directed to sustain appellant’s motion for a new trial.