
    (Third Circuit—Hancock Co., O., Circuit Court,
    May Term, 1898.)
    Before Seney, Day and Price, JJ.
    MORTON v. THE LAKE ERIE & WESTERN RAILWAY COMPANY.
    
      Mileage ticket — Conductor can not take up—
    A R. R. Co. has no right to take up a mileage book presented ' by a third party who had purchased it from the one to whom it had been issued. The title to it passed by the purchaser to such third party,and r,he conductor could only refuse to honor it and collect the regular fare.
    (See s. c., 85 W. L. B., 359.)
    Error to the Court of Common Pleas of Hancock county.
    Morton is a local ticket broker, and purchased a mileage book from the defendant company. A third party attempted to use it, and a conductor of the railroad company took it up and collected fare. Morton brought the suit to recover for the value of the book. He won in the justice court, but lost in the common pleas. The circuit court reversed the latter’s decision, and awarded Morton judgment for the amount of his claim, together with interest and costs.
   SENEY, J.

There was.nothing in the contract between Morton and the railroad company whereby the latter acquired a title to the ticket because it was in the hands of a third person. The most the conductor could do would be to refuse to accept the ticket from the third party aDd collect, the regular fare. Morton pur- . chased the b'pok, and the title to the sanie passed from the railroad com'pany when it was sold. , ,.  