Freidenrich v. Baltimore & Ohio Railroad

Brent, J., delivered the opinion of the Court. This action was brought by the appellant to recover damages from the Baltimore and Ohio Railroad Company for an alleged unlawful expulsion from its cars. He had purchased from the company a ticket of the class known as commutation tickets, good for travel over ²⁰⁷ the company’s road between Baltimore and Washington, for three months, from the 1st of February, 1877, to the 30th of April following. Being a special ticket, differing from the ordinary passenger ticket, it is issued only on special terms and stipulations, which are designated upon its face.

Among those upon the present ticket are the stipulations, “to be' used only by M. A. Freidenrich, between Baltimore and Washington, from February 1,1877, to April 30, 1877,” and on the margin, “if found in the hands of any one but the party in whose name it is issued, this ticket will be forfeited and taken up.” Before the expiration of the time mentioned, the appellant, Freidenrich, entered the cars of the appellee in Baltimore on his way to Washington. After leaving Baltimore and before reaching the Relay Station, a few miles out, the conductor took up the ticket of the appellant, and demanded from him the usual passenger fare. This the appellant refused to pay, and was thereupon on on reaching the Relay Station, put off the cars of the appellee. The principal facts relied upon by the appellee to justify the act of its agent are, that the ticket in question had been used by persons, other than the appellant, in travel-ling over its road, and that in the removal of the appellant from its cars, after the taking up of the ticket and his refusal to pay the usual fare, no force, violence or harsh language was used on the part of its agent.

The appellant on the other hand testified, that he had never parted with the possession of the ticket, and that it had never been used by any other person than himself. After the evidence was closed the appellant presented three prayers, and the appellee seven. The first prayer of the appellant was modified hy the Court, and the second and third prayers granted, as were also the first, fourth and seventh of the appellee. The verdict being against the appellant, he now claims there was' error in the modi ²⁰⁸ fication of his first prayer, and in granting the three prayers of the appellee.

The first prayer asks the Court to instruct the jury that the plaintiff is entitled to recover, if they find the ticket in question was taken from his possession and he ejected from the cars, and “shall further find that the said plaintiff did not loan, sell, or in any manner transfer said ticket to any other person, or knowingly permit any other person to use said ticket before that time.” The Court here added, “and shall find that said ticket was not used hy any other person than the plaintiff, through the negligence or want of due care on the part of the plaintiff,” and this is the modification complained of. This prayer seems to,admit that the ticket was properly taken from the appellant, if before that time it had been used hy any other person with his connivance. But even if it does not, there can be no question of its forfeiture if so used, and the agent of the road had afterwards the right to take it up even in the hands of the person to whom it was issued. It was the subject of contract between the company and passenger, and the conditions and stipulations annexed became mutually binding so soon as the ticket was issued by the one and accepted by the other.

The company thereby became bound to carry the appellant upon its cars according to the terms of its undertaking, and he on his part was bound by all the terms and conditions upon which the ticket was issued. Among these conditions, as before stated, was its forfeiture if used hy another person, and