Humphries v. Illinois Central Railroad

Citations

• 70 Miss. 453

Syllabus

<p>1. Railroads. Fast train. Foreign passengers. Custom to stop.</p> <p>Though one knows that a certain fast passenger-train, as a rule, does not stop at the station of his residence in this state, yet, if there is a custom for such train to stop there for the accommodation of passengers holding tickets purchased from connecting railways in other states, he may avail himself of this custom by purchasing such a ticket in another state, and making a contract for transportation to said station on said fast train.</p> <p>2. Same. Special contract. Breach. Recovery. Peremptory instruction.</p> <p>In a suit against the railroad company for failure to stop for him to get off at said station, he having purchased such a ticket in another state, it is error to instruct for defendant. There being evidence tending to support his contention, it should be left to the j ury to say whether plaintiff had a special contract to be carried to said station on that train, and whether there was such custom — a fixed habit, known to the traveling public — to stop for debarkation of foreign travelers.</p>