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

Citations

• 71 Kan. 327
• 80 P. 592
• 1905 Kan. LEXIS 140

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Limitation of Passenger Ticket. A ticket which, contains no limitation as to time, either on its face or by reason of a regulation of the railroad company, may ordinarily be used at any time within the period fixed by the statute of limitations.</p> <p>2. -Mag Impose Reasonable Conditions. It is competent for carriers of passengers to limit the time to which tickets of any class may be used, subject to the qualification that the limitation must be reasonable.</p> <p>3. - Condition a Part of the Contract. On a first-class local ticket, purchased for passage from one station to another about forty miles distant, ovei; a railroad upon which there was daily passenger service in each direction, was plainly printed the condition, “One continuous passage, commencing within one day from the date on back hereof.” On the back in perforated characters was the date, “5-31-02.” Held, that the condition constituted a part of the contract between the railroad company and the purchaser, and was binding upon him.</p> <p>4. -Acceptance Presumed. The fact that the purchaser did not sign the contract will not relieve him from its obligations, nor is its binding force lessened by the failure of the passenger to observe a reasonable condition plainly printed on the face of his ticket.</p>