Western Maryland Railroad v. Stocksdale

Citations

• 83 Md. 245
• 34 A. 880
• 1896 Md. LEXIS 63

Syllabus

<p>Carriers of Passengers—JRailroad Tickets—Expelling Passenger from Train— Wrong Ticket Given to Passenger by Mistake.</p> <p>A railroad ticket ii not only a token that the passenger has paid his fare, but in many cases constitutes the contract between the passenger and the carrier.</p> <p>When the question as to the right of a passenger to be carried arises between him and the conductor of the train, , the ticket is the conclusive evidence of the nature and extent of the passenger’s right.</p> <p>If a ticket agent by mistake gives a wrong ticket to a passenger, the conductor of the train to whom it is presented may refuse to accept it and demand payment of the fare. In such case the remedy of the passenger is by an action against the carrier for breach of the contract. If he refuses to pay the fare and is ejected from the train he is not entitled to maintain an action of tort for such expulsion.</p> <p>Plaintiff bought from the ticket agent of the defendant at W. an excursion ticket to G. and return at a reduced rate. Upon the face of the ticket it was stated that the return coupon would not be good unless stamped by the secretary of a camp-meeting at G. At that time the exercises of the camp were over and plaintiff was unable to find any one there to stamp his ticket. Upon his return he offered to the conductor the unstamped return coupon, which was refused and payment of the fare demanded. Plaintiff had in his pocket a mileage ticket over the road, but he refused to use it or to pay the fare and was put off the train. In an action to recover damages, as for a wrongful expulsion from the train, Held, that since the ticket offered by the plaintiff was upon its face and to his knowledge invalid, the conductor was justified in compelling him to leave the train upon his refusal to pay the fare and that he was not entitled to recover in this action.</p>