Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Kinsley

60 N.E. 169, 27 Ind. App. 135, 1901 Ind. App. LEXIS 27
CourtIndiana Court of Appeals
DecidedApril 18, 1901
DocketNo. 3,382
StatusPublished
Cited by5 cases

This text of 60 N.E. 169 (Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Kinsley) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Kinsley, 60 N.E. 169, 27 Ind. App. 135, 1901 Ind. App. LEXIS 27 (Ind. Ct. App. 1901).

Opinion

Black, J.

— The appellee sued the appellant. A demurrer to the complaint for want of sufficient facts was overruled. The appellant answered in one paragraph, a demurrer to which was sustained. The appellant refusing to plead further, and electing to stand by its answer, the court ordered judgment for the appellee. On the appellee’s motion and by consent of the appellant the cause was submitted to the court for trial without a jury upon the question as to the amount of damages, which the court assessed at the sum of $100. The appellant’s motion for a new trial and its motion in arrest of judgment having been overruled, judgment was rendered for the amount assessed.

The complaint- contained averments in substance as follows : The appellant owned, controlled, and operated, under one management, two different divisions or branches of railway, one line extending from Lafayette to Indianapolis, the other from Indianapolis to Muncie, all said places being regular stations for receiving and discharging passengers. A passenger traveling from Lafayette to Muncie or from Muncie to Lafayette over the appellant’s route was compelled to change cars from one of said divisions to- the other at Indianapolis, where the appellant maintained a depot and [137]*137waiting-room, along its road, the tracks there being fenced off from the depot by an iron fence, and access from the waiting-room to the cars being had through said fence by means of gates, at which the appellant kept gatemen to examine the tickets of all persons offering themselves as passengers before permitting them to pass through the gates, the gatemen being charged by the appellant with the duty of accepting or rejecting all persons offering themselves as passengers on its trains. On the 3rd of July, 1897, the appellee purchased of the appellant a ticket entitling him to he carried over said lines from Lafayette to Muncie, with a. return coupon thereto attached entitling.him to return as a passenger over said lines from Muncie to Lafayette. The return ticket was marked good until July 6, 1897, inclusive. The appellee was accepted as a passenger by the appellant upon its cars at Lafayette July 3, 1897, and was carried by virtue of the ticket upon one of the lines to- Indianapolis, where he changed cars, and by virtue of said ticket was carried thence to Muncie. He started on the return trip from Muncie to Lafayette, and was accepted as a passenger by the appellant on its cars at Muncie, at 9 :17 o’clock p^. m. on the 6th of July, 1897. He presented the return ticket to the conductor in charge of the train, who accepted it, punched it and returned it to the appellee, to he used by him on the division extending from Indianapolis to Lafayette. He arrived at Indianapolis at about 10:40 o’clock p. m. the same night and got off the appellant’s train on which he had come from Muncie, for the purpose of changing cars and going upon the appellant’s train on the other division to Lafayette, which change he was'compelled to make to reach his destination as above shown. The first passenger train out of Indianapolis over the other line for Lafayette, after his arrival at Indianapolis from Muncie, was scheduled to leave at 12:30 o’clock a. m., July 7, 1897, which fact the appellee first learned after his arrival from Muncie. He went into the waiting-room and remained there until the train for La[138]*138fayette arrived, which was a few minutes after 12 o’clock the same night. This train under the appellant’s rules was scheduled to stop at Lafayette, for the reception and dis charge of passengers, and was the first train leaving Indianapolis after appellee’s arrival from Muncie. .Upon the arrival of this train appellee left the waiting-room and presented himself at the gates to he admitted to the appellant’s cars as a passenger from Indianapolis to Lafayette. He presented the return ticket, or coupon, that had been accepted by the appellant for his return passage as aforesaid, to appellant’s gatekeeper, who, it w'as alleged, wrongfully refused to let the appellee pass through the gate for the purpose of entering upon the train. The appellee insisted and explained to the gatekeeper that the appellant had accepted the ticket for his continuous passage from Muncie to Lafayette. The conductor of the appellant in charge of the train for Lafayette was called, and he, it was alleged, wrongfully refused to honor the ticket, and informed the appellee that he would not carry the appellee to Lafayette on the train and accept the ticket for his passage, and that if the appellee got upon the train, relying upon the ticket for his passage, he would put him off; and the gatekeeper again ■wrongfully refused to permit the appellee to pass through the gate to the car, and he was prevented by the gatekeeper and the conductor from entering the car. The refusal of the gatekeeper and the refusal of the conductor to> admit appellee to the train, and the giving of such information to- him by the conductor were in the presence and hearing of a large number of other passengers assembled about the gate, and caused much humiliation, degradation, and distress of mind to the appellee. It was alleged that by reason of the failure and refusal of the appellant to accept the appellee as a passenger upon the train as aforesaid, and by reason of its failing and refusing to accept and honor the ticket as aforesaid, he was compelled to remain in Indianapolis until the following day at his expense, and was greatly delayed thereby in [139]*139his business, all to his damage in the sum of $1,000. Wherefore, etc.

In the answer it was alleged that the ticket and coupon were sold by the appellant to the appellee as a 4th of July excursion ticket and coupon for $4.35, which was only one-half of the rate usually charged for passage over the appellant’s railroads from Lafayette to Muncie and return. The form of the ticket from Lafayette to Indianapolis and thence to Muncie was set out, as follows:

“Issued by the Cleveland, Cincinnati, Chicago’ & St. Louis, E. Co. Big Eour route. Fourth of July Excursion, 1897. Going coupon. One continuous passage. Lafayette, Ind., to Muncie, Ind., via short line only. Good only on trains scheduled to stop July 3rd, 4th, or 5th, 1897. Date of sale stamped on back. Void if detached from return coupon. Form J. E. 8.” The date of sale of the ticket, July 3, 1897, was stamped on its back. The form of the return coupon attached to the ticket was given, as follows: “The Cleveland, Cincinnati, Chicago & St. Louis E. Co. Big Four route. Fourth of July Excursion, 1897. One continuous passage. (Betum coupon). Muncie, Ind., to Lafayette, Ind., via short line only. Good only on trains scheduled to stop until July 6, 1897, inclusive. 3604. Form J. E. 8. E. O. McCormick, Pass. Traf. Mgr.” The date of the sale of the coupon, July 3, 1897, was stamped on its back.

It was alleged that the train on which the appellee proposed to take passage did not leave Indianapolis until 12:30 a. m. July 7, 1897, and did not arrive at Lafayette until about 2:30 a. m. of that date. It was also alleged that during the 6th day of July, 1897, the appellant had five separate passenger trains running from Indianapolis to Lafayette, on regularly scheduled and publicly advertised time, stopping at the union passenger depot, in Indianapolis, to receive passengers, and stopping at appellant’s depot in Lafayette to discharge passengers; that each of these trains [140]

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Cite This Page — Counsel Stack

Bluebook (online)
60 N.E. 169, 27 Ind. App. 135, 1901 Ind. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleveland-cincinnati-chicago-st-louis-railway-co-v-kinsley-indctapp-1901.