Cleveland City Railway Co. v. Conner

Citations

• 74 Ohio St. (N.S.) 225

Syllabus

<p>Passenger on street car — Given wrong transfer by conductor— Second conductor ejects passenger — For nonpayment of fare —Liability of railroad — Effect of explanation by passenger —Evidence—Agency—Question of damages.</p> <p>1. A passenger on a street railway, who has paid fare and is entitled to ride over another line belonging to the same company, and who, having asked for a transfer ticket over such other line, is given, by mistake of the conductor, a transfer which is not good over such other line, may nevertheless,, if he has exercised such care about the receiving and making use of the transfer ticket as persons of ordinary prudence are accustomed to exercise under the same or similar circumstances, lawfully insist upon being carried over such other line without further payment of fare; and if such passenger, without fault on his part, is ejected from a car for refusing to pay fare other than by such transfer ticket, he may recover damages for the tort and cannot be restricted to damages for breach of the contract to carry him.</p> <p>2. A failure by the plaintiff to make a statement or explanation before he was put off the car, would not of itself defeat his right to recover; but such fact is admissible in evidence as part of the res gestáe as bearing upon the question of the plaintiff’s good faith in accepting and using the erroneous transfer and as affecting the amount of damages.</p>