Mosher v. St. Louis, Iron Mountain & Southern Railway Co.

Citations

• 127 U.S. 390
• 8 S. Ct. 1324
• 32 L. Ed. 249
• 1888 U.S. LEXIS 2000

Syllabus

<p>The S. company, owning a railroad extending from S. to M., and there connecting with the railroad of the H. company from M. to H., sold a ticket, at a reduced rate of fare, for a passage from S. to H. and return, containing a contract signed by the purchaser, by which he agreed “ with the several companies ” upon the following conditions: That “ in selling this ticket the S. company acts only as agent and is not responsible beyond its own line; ” that the ticket “.is not good for return passage unless the holder identifies himself as the original purchaser to the satisfaction of the authorized agent of the H. railroad at H. within eighty-five days from the date of sale, and, when officially signed and dated in ink and duly stamped by said agent,” shall be good for five days from that time; that the original purchaser shall sign his name and otherwise identify himself, whenever called upon to do so by any conductor or agent of either line; and’that no agent or employé of either line has any power to alter, modify or waive any condition of the contract. The original purchaser was carried from S. to H., and within eighty-five days, and a reasonable time before the departure of a return train, presented himself with the ticket at the office of the agent of the H. railroad at H., for the purpose of identifying himself and of having the . ticket stamped, and, no agent being at that office, took the return train ' on the H. railroad from H. to M. and a connecting train on the S. rail-, road for S., and, upon the conductor of the latter train demanding his fare, presented the'unstamped ticket, informed him of what he had done at H., Offered to sign his name and otherwise identify himself -to the conductor, and demanded to be carried to S. by virtue of the ticket; but the conductor refused, and put him off the train. Held, that he could not maintain an action against the S. company.</p>