Jones v. Louisville & N. E. R.

Citations

• 109 Miss. 655
• 68 So. 924

Syllabus

<p>1. Carriers. Ejectment of passengers. Action. Reasonableness of amount tendered for ticket. Question for jury.</p> <p>In a suit by a passenger against a railroad company for wrongful ejection from one of its trains on his refusing to pay a fare of four cents' a mile to the conductor, after he had tendered a one hundred dollar bill to the agent of defendant at its union depot in payment of a fare of two dollars being three cents a mile, it was a question for the jury as to whether such tender to the agent was reasonable.</p> <p>2. Carriers. Ticket.' Reasonableness of amount tendered.</p> <p>A passenger need not tender the exact fare, but if he tenders a reasonable sum, the carrier 'must accept it and furnish change. What is a reasonable and what an unreasonable sum depends largely upon whether the carrier is a steam railroad or a street railway and upon the ease or difficulty in handling the passengers in each particular locality.</p> <p>3. Same.</p> <p>Where the passenger tendered the conductor a hundred dollar bill for transportation, simply requesting that the conductor return him the necessary change when they reached the city of New Orleans, there can be no question that so far as this tender on the train was' concerned the size of the bill was immaterial.</p>