Golden v. Pittsburg Railways Co.

Citations

• 28 Pa. Super. 313
• 1905 Pa. Super. LEXIS 190

Syllabus

<p>Street railways — Passengers—Carriers—Transfer tickets.</p> <p>A transfer ticket of a street railway company is evidence of the contract as made out and punched by the carrier, and if it fails to disclose the true contract, the fault is with the carrier, which is responsible for the natural consequences of variances; and it is immaterial that the transaction for the carriage of the plaintiff was conducted through several conductors instead of one. Their combined acts constitute but one continuous act of the carrier.</p> <p>Before the rule of expulsion of a passenger for want of a proper ticket can be made absolute and universal in its application, the carrier must discharge the reciprocal duty of absolute and universal accuracy in issuance of the ticket. The passenger has a right to believe that the ticket was all that it should be, and if it is issued at a time when it was no use, it is as much a blunder on the part of the conductor as if it had been issued for the wrong route or car.</p> <p>Where a passenger receives a transfer ticket which is marked not good on night cars, and at the point of transfer attempts to get on four cars in succession, but is prevented by the conductors on the ground that the cars were only going to the bam, and subsequently gets on the fifth car which proves to be a night car, and is excluded therefrom when he presents his ticket and refuses to pay an additional fare, the company will be liable as for a wrongful exclusion.</p>