Knopf v. Richmond, F. & P. R. R.

Citations

• 85 Va. 769
• 8 S.E. 787
• 1889 Va. LEXIS 90

Syllabus

<p>1. Contracts&emdash;Construction&emdash;Parties.&emdash;The practical construction put by the parties upon the terms of their own contract is not only to be regarded, but, where there is any doubt, must prevail over the literal meaning of the contract. District of Columbia v. Gallagher, 121 U. S. 505.</p> <p>2. Idem&emdash;Question for the jury&emdash;Case at bar.&emdash;Railway company by contract issued to plaintiff an annual pass. On its expiration plaintiff applied for and secured a renewal. On its expiration he did not apply for another;</p> <p>Held :</p> <p>It is a question for the jury whether it was the duty of the company to issue a renewal without application.</p> <p>3. Carriers of Passengers&emdash;Contract for carriage&emdash;Case at bar.&emdash;Railway company contracted with a firm “ in consideration for a ticket entitling either member of the firm, but only one on any train, to a seat on its passenger trains ”;</p> <p>Held:</p> <p>Firm entitled to only one ticket, to be presented when any one member took passage.</p>