St. Louis, Alton & Terre Haute Railroad v. South

Citations

• 43 Ill. 176

Syllabus

<p>1. Fobmeb decision. The cases of the Chicago, B. & Q. R. R. Co. v. Parks, 18 Ill. 460, and The St. Louis, Alton & Chicago R. R. Co. v. Dalby, 19 id. 353, are not to be considered as deciding the law to be, that a railroad company is bound to keep open its office for the sale of tickets to passengers beyond the time fixed by its published rules for the departure of a train.</p> <p>2. Bailboad companies—not required to keep open their ticket-office beyond the time fixed for the departure of trains. Eailroad companies are required to keep open their office for the sale of tickets to passengers for a reasonable time before the departure of each train, and up to the time fixed by its published rules for its departure, and not up to the time of actual departure.</p> <p>3. Same. They are required to furnish a convenient and accessible place for the sale of tickets, and afford the public a reasonable opportunity to purchase them, and parties who will not avail themselves of it are alone at fault, and must pay the extra fare, or, on refusal, be ejected from the train.</p> <p>4. Same—of right to charge discriminating fares—dependent on what fact. While the right of a railroad company to discriminate in its fare, between those purchasing tickets and those who do not, is just and reasonable, still such right depends on the fact that a reasonable opportunity has been given to obtain tickets at the lowest rate</p> <p>6. Security for costs—motion for—when made too late. After issue joined, and the cause has been called for trial, a motion for a rule on the plaintiff to file security for costs, comes too late.</p> <p>6. Trespass—where secwad defendants, damages cannot he assessed severally against them. In an action of trespass against several defendants, the jury cannot assess damages severally against them.</p> <p>7. Instructions. And in each case, if the court so instruct the jury, it is erroneous, but such error is cured by the entry of nolle prosequi before judgment upon th