Wells v. Alabama Great Southern Railroad

Citations

• 67 Miss. 24

Syllabus

<p>1. Railroads. Right to establish depots and schedules for trains.</p> <p>Railroad companies are permitted to establish depots and to arrange their own schedules for the safe and proper management of trains.</p> <p>2. Same. Stopping place for trains. Right of company.</p> <p>In the absence of a special contract, a passenger who embarks on a railroad train supposing it will stop at a certain place, cannot complain of the refusal to stop there if it is not a depot or stopping place.</p> <p>3. Evidence. Allegations. Declarations of ticket agent.</p> <p>In a suit against a railroad company the plaintiff will not be permitted to prove the statements of a ticket agent to establish a contract for passage, where there are no averments in the declaration giving notice that such statements will be relied on.</p> <p>4. Same. Declarations of station policeman. When not binding on company.</p> <p>A mere railroad policeman engaged in the duty of assisting persons on and off trains, and in preserving order about the depot, has no implied authority to make contracts or to bind the company by his admissions. Therefore his statements to a passenger boarding a train that it will stop at a certain point are not admissible in a suit against the company for failure to stop at such place.</p>