151 Iowa 345 | Iowa | 1911
The only serious question is whether the instant case falls within the rule thus established. We think it does. The defendant was a common carrier, and, as a part of its business as such, it undertook, not only to sell tickets in this country for carriage from European points to the place of sale, but to forward such tickets to its agents at the port of embarkation. That was a part of its business as a carrier of passengers. One of the conditions of the sale was that the ticket should be so forwarded, and we are unable to find any sound reason for saying that the transaction should be so divided as to exempt the defendant from a charge of negligence in failing to send forward a ticket that has already been paid for. We think the rule of the eases cited is applicable here, and that an action for tort may be sustained. It was the defendant’s duty to accept plaintiff as a passenger upon her compliance with its rules, and a failure to do so would create liability. When she bought and paid for a ticket, with an agreement as a part of the transaction that it would be at once forwarded to her, it was a part of its duty as a public servant to so forward it, and a failure to do so was negligence.
The question of the plaintiff’s contributory negligence
The appellant complains of two or three rulings in the introduction of evidence and of instruction; but, as the same questions are not likely to arise on a retrial, we need not further notice them.
Eor the reason pointed out, the judgment is reversed.