Illinois Central Railroad v. Gortikov

Citations

• 90 Miss. 787
• 45 So. 363

Syllabus

<p>1. Railroads. Passengers. Tickets. Ejection. Description of purchaser. Punch marks.</p> <p>A railroad passenger is not required to verify the punch marks placed on his ticket by the selling agent, and (where the ticket described the passenger otherwise accurately, even noting the fact of his having a mustache, a conductor is not authorized to eject him because the selling agent by mistake punched the ticket for a female instead of a male. ^</p> <p>2. Same. Return limit.</p> <p>Where by its terms a railroad ticket is good for a return trip until a given date, its limit is not shortened by punch marks in its margin, placed there mistakenly by the selling agent.</p> <p>3. Same. Ejection. Punitive damages.</p> <p>The original purchaser of a return railroad ticket, if ejected by the conductor because the selling agent had erroneously punched his ticket for a female instead of a male, can recover both actual and punitive damages where the conductor, saying “this is a •bogus ticket,” ejected him without giving him an opportunity to explain.</p> <p>4. Same. Contracts. Cautionary provisions. Unreasonable contracts void.</p> <p>A provision on a railroad ticket, printed under the head “Caution,” to the effect that in cases of doubt between the passenger and - conductor the passenger should pay the sum demanded by the conductor, take his receipt and report the same to the general office of the company, where the same would “receive prompt attention,” is mere advice and not a contractual part of the ticket; but, if regarded as a part of the contract, it is unreasonable and void.</p>