Robinson v. Southern Pacific Co.

Citations

• 105 Cal. 526
• 38 P. 722
• 1895 Cal. LEXIS 686

Syllabus

<p>Railroads—Right of Passenger to Stop Over—Construction of Code. Under section 490 of the Civil Code the purchaser of a railroad ticket is entitled to stop over at any intermediate station between the station at which the ticket was bought and the station of his destination, and may resume his journey within six months after the purchase of the ticket to the point named as his destination.</p> <p>Id.—Construction of “And” and “Or.”—The words “and” and “or” are not ordinarily convertible terms, and the conjunction “and ” should not be read disjunctively as equivalent to “or,” unless it is entirely manifest from the context that the intention of the law-making power can only be given effect by holding these terms convertible.</p> <p>Id.—Implied Repeal of Statute—Rates of Pare—Reference to Repealed Section—Substitute.—The fact that section 489 of the Civil Code, which is referred to in section 490, as fixing the fare to be tendered for a ticket, was repealed by the provision of section 22 of article XII of the constitution, creating a railroad commission, and authorizing it to fix rates of fare, does not effect an implied repeal of section 490 of the Civil Code, but the constitutional provision operates as a substitute for section 489, and the substance of the provision in section 490 is to require the tender of lawful fare for the purchase of the ticket.</p> <p>Id.—Purchase of Alternative Ticket—Choice of Longer Route— Right of Stopover.—The purchase of a ticket at the regular rate of fare, which in terms gives the passenger the alternative right to go to Oakland or Alameda at the same regular rate, confers the right upon a passenger, who elects to go over an established route to Alameda by way of Oakland, to stop over in Oakland, and afterward resume his journey to Alameda, at any time within six months from the purchase of the ticket, without additional fare, although the railroad company has a shorter and direct route to Alameda, without an intermediate station,