Alabama & Vicksburg Railway Co. v. Drummond

Citations

• 73 Miss. 813

Syllabus

<p>1-. Railroads. Liability to passengers. Mistake in ticket. Duty of passenger. —</p> <p>A railway passenger had inquired of the company’s ticket agent the price of a first-class ticket, and, on being informed, asked for such ticket, paid the price demanded, and entered the first-class car. The price stated was in fact that of a second-class ticket. On presenting it to the conductor, he was required to go into a second-class car, but, though protesting, he did not explain the circumstances connected with the purchase. A rule of the company required conductors to permit a passenger who had failed to get the ticket desired, on complaint made of the true condition, to ride in the car he would have been entitled to but for the mistake, on payment of the difference in price. Held, that the passenger could complain only of the action of the ticket agent, and was entitled only to nominal damages by reason thereof.</p> <p>2. Same. Examination of ticket.</p> <p>In a case otherwise entitling him to a recovery for ejection from a first-class car, a passenger should not be denied the same because he omitted to examine his ticket before entering the train, to ascertain whether it was a first-class or a second-class ticket.</p>