#### Frank Schoenfeld, Defendant in Error, v. Lake Shore & Michigan Southern Railway Company, Plaintiff in Error.

Gen. No. 21,141.

(Not to be reported in full.)

Abstract of the Decision.

Carriers, § 20 * —when presumed that connecting carrier acts as mere agent of initial carrier. In the absence of evidence to the contrary, it is presumed that a railroad company selling a through *420ticket over its own and a connecting line merely acts as agent for such line, and is not liable in damages to the purchaser for the refusal of the connecting line to honor the ticket and transport the passenger in accordance therewith.

*419Error to the Municipal Court of Chicago; the Hon. Edward T. Wade, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1915.

Reversed.

Opinion filed January 11, 1916.

Statement of the Case.

Action by Frank Schoenfeld, plaintiff, against the Lake Shore & Michigan Southern Railway Company, defendant, to recover the amount .of fare paid on refusal of defendant to honor a ticket purchased by plaintiff. From a judgment for plaintiff, defendant brings error.

The plaintiff purchased from the defendant a round trip ticket over the defendant’s line to a point on a connecting line. On refusal of the connecting line to honor the ticket the plaintiff was obliged to pay for his transportation over again, and to recover the amount so expended brings this action.

Robert J. Cary and Bertrand Walker, for plaintiff in error.

No appearance for defendant in error.

*

See Illinois Notes Digest, Vols, XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.