108 Ga. 290 | Ga. | 1899
Mrs. A. E. Wenz brought suit in the city court of Savannah, against the Savannah, Florida & Western • Railway Company, claiming damages to the amount of $2,000. She alleged that she purchased a round-trip ticket at the depot of the Brunswick & Western Railway Company in Brunswick, Ga., from that place over said railroad to Way cross, and thence over defendant’s railroad to Savannah and return. She used this ticket on hel trip to Savannah, and had it in her possession when she undertook to return to Brunswick on the passenger-train of defendant. While a passenger on the train, petitioner handed her ticket to the conductor, who said that it was not in proper form, as it had not been signed by her in the' presence of the defendant’s agent in Savannah, and that she was therefore not entitled to passage on the train, and unless she paid the regular fare he would have to eject her. Petitioner remonstrated with him, when the conductor became impatient, and in a harsh, sharp, discourteous and offensive manner told petitioner she would either have to pay her full fare or he would put her off the train. He thereupon stopped the train and put her off. The point where she was ejected was not at any station on the line of railroad, but was half a mile distant from any house or station where she could seek refuge, at a sparsely settled neighborhood where vagrants and tramps frequently loitered. She had heavy bundles and valises with her, and was compelled to walk half a mile to the next station, and then return to the same point where she was ejected, several hours later, to take the train to Savannah. She
The round-trip ticket referred to in the petition and answer was introduced in evidence, and in it appears the following stipulation : “ It shall not be good for return passage unless the holder identifies himself as the original purchaser to the satisfaction of the authorized agentof the Plant System of Railways at destination, and when officially signed and dated in ink and duly stamped by said agent this ticket shall then be good for return passage within ......... days from such date; provided the return trip is made on or before May 18, 1896. I, the original purchaser, hereby agree to sign my name and otherwise identify myself as such whenever called upon to do so-by any conductor or agent of the Plant System.” The last clause in the contract was as follows: “In consideration of the-reduced rate at which this ticket is sold, I agree to the above-contract. [Signed] Mrs. A. Wenz, purchaser,” witnessed by the agent. It also contained the signature of the passenger traffic manager. It appeared from the testimony that the plaintiff purchased and paid for the round-trip ticket at Brunswick as she alleged, but failed to have the same validated by the agent in Savannah, as stipulated in the above contract.
Judgment on main bill of exceptions affirmed; on cross-bill reversed.