Lucius Quintus Cincinnatus Lamar

“ In the first place, passengers on railroad trains are not presumed to know the rules and regulations which are made for the guidance of the conductors and other employes of railroad companies as to the internal affairs of the company, nor are they required to know them. ”

“ He testified, among other things, (1) that he thought the plaintiff's ticket was a limited one, and so reported it to his company, when in truth and in fact it was unlimited, thus showing carelessness and negligence in a most pronounced degree; (2) that he knew, or had good reason for knowing, that the Binghamton-Salamanca coupon had not been used to the latter place because it had been punched by Conductor Hurty, who had charge of the next preceding train to the one of which he had charge ”

“ The reason of such rule is to be found in the principle that where a party does all that he is required to do under the terms of a contract into which he has entered, and is only prevented from reaping the benefit of such contract by the fault or wrongful act of the other party to it, the law gives him a remedy against the other party for such breach of contract. ”

“ In so far as they are correct, the substance of them had been given by the court in its general charge, and there was no error, therefore, in refusing to give them in the language requested. Railroad Co. v. McDade, 135 U.S. 554, 10 Sup. Ct. Rep. 1044; Insurance Co. ”