Jevons v. Union Pacific Railroad

Citations

• 70 Kan. 491
• 78 P. 817
• 1904 Kan. LEXIS 73

Syllabus

<p>SYLLABUS, BY THE COURT.</p> <p>1. Railroad — Incorrect Ticket — Expulsion of Passenger. ( Where a railroad ticket correctly recites the date of its issuance, but is marked with a punch in a manner that, according to its printed statements, indicates that it had expired prior to that date, it cannot be said, as a matter of law, that it is for this reason void, and that its holder may not recover damages for being expelled from a train when he presents it for passaged</p> <p>2. Practice, District Court — Peremptory Direction of Verdict. Oral evidence in support of an affirmative defense, even if not contradicted, will not authorize a trial court peremptorily to direct a verdict for the defendant.</p> <p>3. Railroads — Transfer of Ticket Upheld. A round-trip railroad ticket containing provisions that it shall be used only by the original holder whose signature it bears, but not, in fact, signed by any one, which is sold with the express understanding that it shall be used by A. in going to, and by B. in returning from, the place of destination, is not void when presented by B. upon such return passage, after having been used by A. for the first part of the journey.</p>