Eastman v. Maine Central Railroad

A'condition that a mileage ticket shall he forfeited, if presented by any person other than the one in whose name it is issued, is not invalid as contrary to law or public policy.

Trover, and Assumpsit with common counts, including one for money had and received. Facts agreed. The plaintiff seeks to recover the amount paid by him to the defendants for 987 coupons contained in a mileage book purchased from the defendants on July 17, 1897, and originally containing 1,000 coupons, on the inside of the cover of which was plainly printed the following : “ Contract eor Mileage Ticket. “ The conditions under which this mileage ticket is sold by the Maine Central R. R. Co., and purchased and used by the person named, are as follows: “ 1. That it is good only for the person in whose name it is issued; and if presented by any other person, the right to any remaining rides to which the purchaser might have been entitled shall he forfeited, and the conductor shall be authorized .to take up this ticket, and return the same to the general ticket office as forfeited. . . . “ I hereby agree to the above conditions. “ Albert H. Eastman.” The defendants issue two classes of mileage tickets,— one good for the passage of the hearer, which they sell at two and three fourths cents per mile; and one containing the limiting clause quoted above, which they sell for two cents per mile. The plaintiff knew of both classes, and that his ticket was of the latter class. He understood the hunting condition, when he purchased and signed the ticket, and he was the person in whose name it was issued. The plaintiff was accustomed to rent railroad mileage books at an advance on their purchase-price. On July 17,1897, one Macy (not named in the ticket), desiring to take passage on the defendants’ road, secured from the plaintiff the mileage book in question, containing 987 coupons, with the understanding and agreement between Macy and the plaintiff that Macy should use the same for transportation over the defendants’ road, paying the plaintiff one half cent advance on the purchase-price, or two and one half cents for each coupon used. On the same day, Macy presented the mileage ticket to one of the defendants’ conductors for his fare, whereupon the conductor took up the ticket and returned it to the defendants’ general ticket office. The defendants have refused, on demand, to return the ticket to the plaintiff, or to refund to him the amount originally paid for the coupons remaining in the book at the time it was taken up. If upon these facts the plaintiff is entitled to recover, he should have judgment for $19.14 and costs; otherwise the defendants should have judgment for their costs.