Illinois Central R. v. Holman

Citations

• 106 Miss. 449
• 63 So. 7

Syllabus

<p>1. Caebiers. Carriage of passengers. Advertisement for transportation. Federal regulations. Ejection. Right of action. Use of mileage in violation of interstate commerce act.</p> <p>It is not in violation of any statute nor of the legislative policy of the state for a railroad in consideration of certain advertising to issue a mileage book to be used only for transportation between points within this state, but not in connection with or as any part of an interstate trip.</p> <p>2. Same.</p> <p>The acceptance of advertising by a carrier in lieu of money in payment of interstate transportation furnished to the publisher, his employees, and the immediate members of his family violates the provisions of the act to regulate commerce of February 4, 1887 (24 Stat. at Large 379, chapter 104, U. S. Comp. Stat. 1901, page 3154) and the acts amendatory thereof, prohibiting the furnishing of interstate transportation for a less or different compensation than that specified in the carrier’s published rate.</p> <p>3. Cabeiers. Ejection. Right of action. Interstate commerce act.</p> <p>Where a mileage book providing that it should be used only for transportation between points entirely within this state, and that it should not be good for any part of an 'interstate trip, was issued by a railroad to a publisher for advertising, and such publisher intending to go from Grenada, Mississippi to Memphis, Tennessee boarded defendant’s train at Grenada and on arriving at Sardis, a point in this state, alighted from the train and bought a ticket from that point to Memphis, Tennessee and such ticket, -on his boarding the train, was refused by the conductor unless he would pay cash fare from Genada to Sardis and on his refusal so to do was ejected from the. train, such publisher had no action for damages, since he was attempting .. to use mileage in direct violation of his contract and of the interstate commerce act prohibiting transportation for a less or different compensation than the