83 Ky. 511 | Ky. Ct. App. | 1886
delivered the opinion op the court.
This action is for an alleged trespass, committed upon the appellant, Wilsey, by a conductor of the appellee in ejecting him from its train, upon which, he was a passenger. It appears that on October 25, 1883, he purchased at full rate a ticket without any condition or limitation upon its face, or any coupon attached to it, over the appellee’s road from Dan-ville Junction to London; and upon the same day he* took passage upon it, the train arriving at Mt.. Yernon between six and seven o’clock in the evening, where it was detained by a wreck upon appellee’s road between that place and London until four-o’clock the next morning, when it proceeded upon its trip. When it stopped at Mt. Yernon, the" appellant was told the cause of it by the train officers, and upon inquiry of them, lm was informed that, it was uncertain how long the train would be detained, but at least for several hours. He was-sick, and so informed them.. The conductor having-already taken up his ticket, and given him a check in lieu of it, he applied to him for a stop-over ticket, in order that he might leave the train and lodge for the night at a hotel. The conductor informed him that he could not give it, and he was also informed, either by the same officer ' or the baggage-master, that he could not travel upon any other train upon the conductor’s check. He, however, went to. a hotel for the night, and,' so fár as the record shows, had no knowledge of the time when the train proceeded on its trip. The next morning he boarded another passenger train for London, and.
When he did so, however, that officer required, him to pay his fare from Mt. Yernon to London,, and upon his refusal to do so prepared to eject him .from the train.’ He then said that he would pay it,, and inquired the rate of ticket fare and conductor’s fare, and was told by that officer that the first was. eighty-five cents and the latter one dollar and five', cents, as the conductor testifies, and which sum was, in fact, the conductor’s true rate of fare under the-rules of the company; but the appellant, as well as; a. witness introduced by the company, says that he said it was one dollar and fifteen cents. The appellant thereupon handed him eighty-five cents, and after counting it, he demanded, as he says, twenty cents more, while the other witnesses testify, and the appellee’s answer admits, that it was thirty cents. The appellant refused to pay the fare demanded, and the conductor then returned him the* eighty-five cents and ejected him from the train.
The judgment appealed from is one of non-suit,, it. having been ordered by the court after both parties had offered their testimony. The action was in tort for damages. The averments of the petition and answer at least put in issue whether the appellant voluntarily left the train, and what
Only a- question of law is then presented. After the introduction of contradictory evidence, however, the jury have a right to weigh it, and the cause •can not be withdrawn from them by a demurrer to the evidence.
The testimony was conflicting in this case as to the amount of fare demanded of the appellant by the conductor. If he demanded more than the usual .rate and that fixed by the company, then it was ■an illegal demand with which the appellant was not -bound to comply, and the appellee had no right by reason' of the refusal to eject him from the train. But in front of this is a legal question of more importance. A railroad company has an undoubted .right to prescribe such regulations as are - suitable to enable it to execute its important duties. •
: The exercise of this power is necessary in order •that it may both provide for the safety and comifort of its passengers and protect itself from impo
It is also well settled, that when a passenger who holds a ticket from one point to another, selects his-train, and enters upon his journey, that he has no right in law to leave it at a way station, and afterward enter another train of the company, and proceed to his destination without procuring. a ticket, or paying his fare from the way station. His ticket is the symbol of the contract between tnm and the company, the relative duties of the parties under it being for the most part implied. The contract, however, is an entirety and indivisible.
Any other rule would necessarily impose upon the carrier duties not embraced by a reasonable interpretation of the contract. The payment of the fare entitles the passenger to have his ordinary baggage carried and checked to his distination. If he, by law, can stop at intermediate points at his pleasure, he may demand, his baggage at each place, or if it goes on he will not be at his journey’s end to receive it. Thus additional attention will be required upon the part of the company, an increased risk of accident created, and delays occasioned not within the fair scope of the contract. (Railroad Co. v. Bartram, 11 Ohio St. Rep., 457; 2 Rorer on Railroads, page 971, et seq.)
But, upon the other hand, the company owes
In the case of Dietrich v. Penn. Railroad Co., 71 Penn. St. Rep., 432, the circumstances of the case-did not authorize the court to so hold in behalf of the plaintiff; but the court, in delivering the opinion, said:
“In adopting the language of the learned Chief Justice of New Jersey, -we should not omit to guard our meaning by saying there may be exceptions where, from misfortune or accident, without his fault, the transit of a passenger is interrupted, and where he may resume his journey afterwards.”
For the additional reason that the ruling of the-.lower court did not conform to this view of the law, the judgment below is reversed, and cause remanded for further proceedings in conformity to this opinion-»