Arnold v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 81 Kan. 400
• 105 P. 541
• 1909 Kan. LEXIS 379

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Mistake in Ticket Sold — Refusal of Passenger to Pay Another Fare-^-Ejection — Damages. A passenger was sold a ticket by a railway company for which he paid full fare and on which was printed, “One continuous passage commencing within one day from date on back hereof. Madison to Kansas City. Void unless officially dated,” but the agent of the company by mistake perforated the ticket with a date prior to the purchase. The ticket was accepted by the first conductor to whom it was presented, but the second conductor, observing the expired date, rejected the ticket, and the passenger, declining to pay another fare, was compelled to leave the train some distance from the station, when he walked back, boarded another train, paid an additional fare and completed his journey. The passenger brought an action to recover damages for the loss and injury sustained, and produced testimony tending to prove the recited facts. Held, that the ruling of the court sustaining a demurrer to his evidence was erroneous; that the error in perforating the ticket was the fault of the railway company; that the passenger, having paid his fare, was entitled to a ride to his destination; that he was entitled to damages for the extra fare he was required to pay and any actual loss arising from the refusal of the ride for which he had paid and from being compelled to leave the train. Held, further, that he could not enhance his damages by resisting the order of the conductor to leave the train, nor because of the force used in ejecting him by reason of his refusal to obey the order.</p>