Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 70

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 70

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...rejection and his expulsion. He had a ticket turning out ultimately to have been good from the start. The confusion as to date arising from the agent's error, without fault in the passenger, does not change its validity." (Page 275.) A further argument is made that the case was rightly taken from the jury because it was shown boyond question that Gates, during the trip to Kansas City, was fully advised of the necessity for having the ticket corrected before being presented for the return passage. Strong evidence to that effect was presented by the defendant, some of which was not denied in express terms, if at all; but this was offered in support of an affirmative defense, the burden of proving which was upon defendant, and it cannot be said, as a matter of law, that the jury were bound to accept the evidence as true, even if not contradicted. (Railway Co. '0. Geiser, 68 Kan. 281, 75 Pac. 68.) A final contention of defendant in error is that the plaintiff was not entitled to use the ticket in question by reason of the provision, already quoted in full, as to its being non-transferable; but no name of the holder appeared upon the ticket, and, according to the plaintiff's evidence, it was sold for the express purpose of being used by her for the passage from Kansas City to Wakefield. Under these circumstances it cannot be said that the provision of the contract referred to was violated, notwithstanding the fact that the ticket had been used by another person for the trip from Wakefield to Kansas City. The ticket was issued as much for plaintiff's use as for that of any one else. The judgment is reversed, and a new trial ordered. All the Justices concurring. 32-70 mm. PROMISSORY NOTE--PIeading and Practice. In the...show more

Product details

  • Paperback | 314 pages
  • 189 x 246 x 17mm | 562g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236913477
  • 9781236913470