Herbst v. Tidewater Power Co.

77 S.E. 673, 161 N.C. 457, 1913 N.C. LEXIS 256

• Court: Supreme Court of North Carolina
• Decided: March 19, 1913
• Status: Published

Opinion

AlleN, J.

We have no disposition to relax tbe rule announced in Ammons v. R. R., 138 N. C., 555, and in Harvey v. R. R., 153 N. C., 567, as to tbe duty of tbe carrier of passengers to afford reasonable opportunity to procure a ticket, but its application to tbe facts in evidence sbow no breach of duty on tbe part of tbe defendant.

Tbe plaintiff, went from Bradley’s Creek to tbe Beach, and it was on tbe return trip that be was ejected from tbe car, upon bis refusal to pay tbe regular fare. He bad been notified that at that season of tbe year no ticket office was kept open at Lumina, and be knew be could buy tickets from ticket agents on tbe cars from Bradley’s Creek to Wrigbtsville, and that tbe conductors did not sell tickets and could only take a cash fare. If, after being afforded an opportunity to buy tickets, be failed to do so, and was ejected for failure to pay tbe regular fare of . 5 cents, because be wished to test bis right to buy six tickets for 25 cents from tbe conductor, wllen be knew tbe conductor did not sell tickets, be has no one to blame except himself.

Tbe judgment of nonsuit was properly entered.

Affirmed.