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of a competent agent, until the time when the train is advertised to leave.1

§ 264. If a passenger refuse to pay his fare he may be required to leave the train at any regular station. Wilfull neglect to purchase a ticket and refusal to pay fare are classed as substantially the same offense, and the passenger offending may always be lawfully ejected from the cars. But this must be done at a regular stopping place. It is decided that the term "usual stopping place" does not mean a mere watering station, but a regular station for passengers to get on and off the train.4


$265. A person cannot require the railroad company to change its custom, and stop at any particular station for his accommodation. If the person gets on the train and the conductor takes his ticket with the promise to stop at any particular station, this would amount to an agreement to do so. Railroad companies may run trains which only stop at a few stations, provided they also furnish reasonable means of transportation of way passengers.5

§ 266. If a passenger holding a ticket for a certain place be carried by without his consent he may recover for whatever damages have accrued to him for nondelivery at his destined place, but he has no right to leap from the cars when the train does not stop. If

1 St. Louis, Alton and Terre Haute R. R. Co. v. South, 43 III. 176. 2 Chicago and Alton R. R. Co. v. Flagg, 43 Ill. 364; Illinois Central R. R. Co. v. Sutton, 53 Ill. 397; same v. Whittemore, 43 Ill. 420; same v. Sutton, 42 Ill. 438.

3 See statute of 1949.

1 C. B. & Q. R. R. Co. v. Parks, 18 Ill. 465; Terre Haute, Alton and St. Louis R. R. v. Vanatta, 21 Ill. 188.

5 Chicago and Alton R. R. Co. v. Randolph, 53 Ill. 510.

he does this and thereby receives bodily injury he can not recover from the company, because it shows the absence of proper and ordinary care. 1

§ 267. A railroad company may attach passenger cars to a freight train. If it regularly does this and holds itself out to the public as doing this, it becomes a common carrier of passengers and is under regular passenger liabilities and regulations. The conductor may expel a passenger in case of disobedience of a reasonable rule the same as a conductor of a regular passenger train; but the company or its agents have no more right to expel a passenger wantonly or without sufficient cause in the one case than in the other. 2 The responsibility of a railroad company for the safety of its passengers will be just as great in the case of freight trains to which passenger cars are accustomed to be attached as in the case of regular passenger trains. 3

§ 268. This right to carry passengers and freight together is somewhat modified by statute. In making up a passenger train neither baggage, freight, merchandise, or lumber cars shall be placed in the rear of passenger cars. In case of violation of this statute, and the occurrence of any accident, the officer or agent of the company who directed, or knowingly allowed such carelessness, shall be held guilty of intentionally causing the injury, and be punished accordingly. This penalty is applicable also to the conductor and the engineer of the train.4


1 Illinois Central R. R. Co. v. Abell, Legal News, vol. 4, page 176.

Chicago and Alton R. R. Co. v. Flagg, 43 Ill. 364.

3 Ohio and Mississippi R. R. Co. v. Muhling, 30 Ill. 9.

4 Gross' Statute, vol. i, p. 549.


§ 269. Whatever rules tend to the comfort and safety of passengers on a railroad the company are authorized to make and enforce.1 But such rules must be reasonable, and uniform in respect to persons, and it is for the court to determine what are reasonable rules. Every railway corporation exercises unchallenged the right to prevent smoking in cars set apart for the use of ladies. While discrimination in freight charges has been common, we find no case in which a passenger has complained of discrimination against himself in the matter of fare. The company has a perfect right to compel holders of second-class tickets to ride in second-class cars. It may also set apart a car for the exclusive use of ladies and gentlemen accompanied by ladies.


$270. This right to make and enforce rules extends only to reasonable regulations. An unreasonable rule that effects the comfort and convenience of passengers is unlawful for the reason that it is unreasonable. A railroad company has no right to capriciously discriminate between passengers on account of color. It may not be an unreasonable rule to seat persons so as to preserve order and decorum, and prevent collisions from well-known repugnances, and it might possibly be lawful to require colored persons to occupy separate seats if equally comfortable as those provided for other passengers; but no person can be excluded from a carriage by a public carrier on account of color or any mere prejudice or peculiar belief.4


Chicago and Northwestern R. R. Co. v. Williams, 55 Ill. 185. 2 Ibid.


3 The State v. Overton, 4 Zab. 435.

Chicago and Northwestern R. R. Co. v. Williams, 55 Ill. 185;

West Chester and Philadelphia R. R. Co. v. Miles, 55 Penn. 209

§ 271. The railroad company is liable for the baggage of the passenger to a certain amount. It is not liable, however, for merchandise which is not ordinarily carried in a trunk, but only for a reasonable amount of baggage. In an important case the court held that a reasonable amount of bank notes might be carried in a trunk and their value recovered as lost baggage.1 The cases referred to in the foot note discuss the question of what would be a reasonable amount.2 In an early case3 it was held that the carrier could not be held liable for lost baggage, unless it could be shown that he had possession of it or had in some way contracted to carry it. A baggage check would be prima facie evidence that the railroad company has the baggage. The whole responsibility for the safe delivery of the same to its final destination rests upon the railroad, and if on a change of passage from one road to another the agent of the road does not find the baggage which is checked, he should at once give notice to the owner, or the company giving the check will be held liable.4

$272. The statute ordains that baggage may remain in the keeping of a railroad company three months without extra charge for storage. After that time warehouse charges may be made. If after three more months the baggage has not been claimed, it may be sold in the same way and under the same conditions as


1 Illinois Central R. R. Co. v. Copeland, 24 Ill. 332.

2 Woods v. Devin, 13 Ill. 746; Davis v. Michigan Southern and Northern Indiana R. R. Co. 22 Ill. 278; Chicago and Aurora R. R. Co. v. Thompson, 19 Ill. 578.

3 Michigan Southern and Northern Indiana R. R. Co. v. Meyres, 21 Ill. 631.

* Davis v. Michigan Southern and Northern Indiana R. R. Co. 22 III. 278.

freight, except that notices of the sale must be posted in at least five places. This does not in any way limit or restrict the liability of the company as common carrier.

$273. In the issuance of free passes it is customary for railroad companies to specify on the back of the pass that the person accepting and using the same agrees not to hold the company liable for any damage to his person or property under any circumstances whatever. In construing a case arising under such a proviso the court held that the company still remained liable for gross negligence or willful malfeasance, against which good morals and public policy forbid that it should be permitted to stipulate.1

$274. The rights and liabilities incident to through and lay-over tickets have occasioned no little litigation. The latest Illinois decision was rendered June 23, 1873, in the case of Churchill v. Chicago and Alton R. R. Co. The opinion of the court was delivered by Mr. Justice WALKER. It denied the right of a passenger to demand a lay-over ticket. If one was given with conditions, those conditions would be binding. If the lay-over ticket said, "Good for thirty days," the holder must use it within that time or it becomes valueless. No authorities were given by the court for this decision.

§ 275. The law protects the railroad companies in their passenger rights by fixing a special penalty for stealing, embezzling or counterfeiting railway tickets. The punishment fixed by statute is imprisonment in the penitentiary one year. This applies alike to persons in the employ of the company, and to the general public. It includes stamping, printing or signing

' Illinois Central R. R. Co. v. Read, 37 Ill. 484.

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