Robb v. Railway Co.

Citations

• 14 Pa. Super. 282
• 1900 Pa. Super. LEXIS 49

Syllabus

<p>Railroads — Ejection of passenger — Mileage ticket — Cause of action— Proximate cause.</p> <p>A passenger, owner of an exchange mileage ticket, may not recover in trespass for an ejection from a train where he presented the mileage ticket alone without the necessary exchange ticket called for by the contract. The fact that he could not procure the exchange ticket owing to negligent attendance of the ticket agent does not entitle the passenger to claim a passage without guch exchange .ticket contrary to the contract and he may not assign his ejection from the car as a cause of action, of which ejection the failure to furnish the ticket was not the proximate cause.</p> <p>Contract — Railroad—Reasonable regulations.</p> <p>A railroad company may make all reasonable rules regulating special tickets and a passenger may not board a train and demand a passage upon presentation of a contract which upon its face denies him the right to transportation unless accompanied by further evidence, and the conductor was within the limits of his legal duty in ejecting him after opportunity and refusal to pay his fare.</p> <p>Ejection from train — Measure of damages — Neglect to provide exchange mileage tickets.</p> <p>Negligent delay in furnishing the exchange ticket called for by a mileage ticket does not enlarge the contract or change its terms. Bor a breach of such contract the suit must be on the contract and the damages measured by the usual rule based on the results of such delay.</p> <p>Damages for ordinary breach of contract cannot be inflated at will by the party injured illegally boarding a train and inviting an ejection therefrom.</p>