Chicago & Northwestern Railway Co. v. Chisholm

Citations

• 79 Ill. 584

Syllabus

<p>1. Member op a family—definition. A son or daughter residing with the father does not cease to be a member of his family when he or she arrives at the age of twenty-one or eighteen, respectively, by reason of that fact alone.</p> <p>2. Same—railroad ticket. A railroad ticket which, on its face, purports to be for the exclusive use of a man and family, authorizes a son, who is residing with the father as a member of his family, to ride upon the road, notwithstanding he may be over twenty-one years of age.</p> <p>3. Although a railroad ticket issued to a man for the use of himself and family may, on its face, be such as would authorize a son over twenty-one years old to ride on it, j-et if, when it was purchased, the purchaser was informed that a son over twenty-one would not, under the regulations of the company, be permitted to ride on it, such regulation would form a part of the contract of purchase, and would be obligatoiy upon the holder of the ticket, or any person who attempted to ride upon it.</p> <p>4. Evidence—published schedules of regulations not evidence unless notice is brought home to the party to be affected. Where a man who was over twenty-one years old, but a member of his father’s family, attempted to ride on a railroad on a ticket issued for the exclusive use of his father and his family, and was ejected from the car on the ground that he was not entitled to ride on the ticket, and brought suit against the company, it was held, that evidence that certain schedules were printed and furnished to the public by the company, with such tickets, which showed the rules and regulations under which they were sold, was improper.</p> <p>5. It would, however, be competent, in such case, to show that such schedule was furnished to the purchaser of the ticket at the time he purchased it.</p> <p>6. Measure op damages — ejecting passengers from railroad car. Where a party is forcibly and unlawfully' ejected from a railroad car, in the presence of the other passe