61 Minn. 129 | Minn. | 1895
In the summer of 1893 the plaintiff resided with her husband and family at Fairview, — a station on the line of the Minneapolis & St. Louis Eailway 17 miles from Minneapolis on the shore of Lake Minnetonka. On August 2 of that year she took the regular passenger train on said railroad at Minneapolis to ride to Fairview, and tendered to the conductor, in payment of her fare, a detached coupon of a commutation ticket, which he refused to receive for the reason that it was detached, and demanded that she pay the regular fare, which she refused to do, and thereupon he ejected her from the train. This action is brought by her against the receiver operating the railroad to recover damages for trespass in being thus ejected. Plaintiff recovered a verdict, and from an -order denying his motion for a new trial the defendant appeals.
The defendant pleaded as a defense to the action: That prior to ¡said day he issued and placed on sale a commutation ticket which ■entitled the purchaser and holder thereof to 10 rides over said railroad between Minneapolis and Excelsior, — a station one mile beyond Fairview. That in consideration of the compliance by the purchaser and holder thereof with the provisions and conditions therein contained, he transported the holder thereof for the reduced fare of 30 cents per trip, whereas the regular fare was 54 cents per trip. That on the cover of said 10-trip ticket, among .other conditions, is printed the condition: “It [the 10-trip ticket] must be presented to the conductor on each trip
Conceding, without deciding, that the conditions printed on this ticket and coupon should be given the same force and effect as if they were contained in a written contract signed by the parties, still it was competent for the parties by a subsequent agreement to waive these conditions. Evidence of a practice on the part of defendant to waive the conditions of the particular ticket, and receive the detached coupons thereof without presentation of the rest of the ticket, was competent to prove his consent, given subsequent to the purchase of the ticket, that such conditions be dispensed with. And conceding that he had. a right to revoke such consent after he had so received some of the detached coupons, it was his duty to give reasonable notice of his intended revocation. If, without such notice and relying ,on such waiver, the plaintiff ■detached the coupon in question, and took it with her on the train, leaving the rest of the ticket at home, the defendant could not, when such coupon was presented, revoke such consent, so as to deprive her of the use of the coupon, or compel her to pay extra fare. Whether or not the placards which, it is claimed, had been posted
This disposes of the case, and the order appealed from is affirmed.