(172)


Ch.  5]  EJECTION.  g  73

return  trip  begins,  another  fare  must  be  paid,  and  for  such
refusal  the  passenger  may  be  ejected.^*  Where  a  conductor
tells  a  passenger  that  he  will  carry  him  between  two  points
for  a  certain  fare,  the  company  is  bound  by  this  representa-
tion ;  and  if  the  conductor  demands  a  higher  fare  and  the  pas-
senger refuses  to  pay  it,  and  is  ejected,  he  may  maintain  an
action  for  such  ejection.^^  Where  a  passenger  drops  a  piece
of  money  in  the  straw  on  the  bottom  of  a  street  car,  he  is
entitled  to  a  reasonable  length  of  time  to  search  for  his
money.^*  Where  there  was  a  controversy  between  the  con-
ductor and  the  passenger  as  to  whether  the  passenger  had
paid  his  fare,  the  fact  that  the  passenger  could  have  pre-
vented his  ejection  by  giving  the  conductor  another  ticket
will  not  reduce  the  damages  to  the  sum  represented  by  the
value  of  the  ticket,  where  the  conductor,  with  the  delay  of
a  few  minutes,  could  have  made  an  investigation  which
would  have  definitely  determined  whether  or  not  the  plain-
tiff had  paid  his  fare.^^  After  the  ejection  has  commenced,
it  is  proper  to  continue  it,  notwithstanding  a  tender  of  the
fare."*

If  a  passenger  in  an  open  car  chooses  to  change  to  a
closed  car  attached  to  it,  he  is  rightly  ejected  for  refusing
to  pay  a  second  fare.^^  A  rule  that  a  passenger  shall  pay
a  larger  sum  in  cash  than  that  needed  for  a  ticket  is  unrea-
sonable where  the  passenger  is  taken  on  where  tickets  are  not

14  Wimmer  v.  Union  Traction  Co.,  12  Pa.  Super.  Ct.  467.
15  Wright  V.  Glens  Falls,  S.  H.  &  F.  B.  St.  R.  Co.,  24  App.  DIv.
(N.  Y.)   617.
