TICKET (OF. cstiquette, etiquette. Fr. eti quette, ticket, label, etiquette, from OHG. steh han, Ger. stechen. to stick; connected with Lat. in-stigare, to prick, incite, Gk. artypa, stigma, mark, brand. puncture, Skt. tij, to be sharp). A slip of paper containing a statement or certifi cate that the person to whom it is issued. or the holder, is entitled to some right or privilege therein referred to or described, as railroad tickets, theatre tickets, pawn tickets, and lot tery tickets. A ticket is evidence of a contract between the holder of the ticket and the person or corporation issuing it. Usually tickets do not purport to express the entire contract between the parties, and the terms or conditions which are not expressed may be supplied by parol evi dence (q.v.). Where the ticket grants the right or privilege of using the grantor's real es tate, as in case of theatre tickets, the holder of the ticket acquires no title or interest in the real estate, but becomes a mere licensee (see LICENSE) entitled to use the real estate in the manner and for the purposes specified. The or grantor of the ticket, however, may at will revoke the license, even though such a revocation is a breach of the contract; and upon such revocation the holder of the ticket becomes a mere trespasser and may be summarily ejected, but only necessary force can lawfully be used for that purpose. He may, however, be entitled to recover damages for breach of the contract in ejecting him. See THEATRE.
This rule does not apply in the case of tickets issued by common carriers, who, by virtue of their public calling, are compelled to accept for carriage all who pay a reasonable tare and com ply with their reasonable rules and regulations. Passenger tickets under ordinary circumstances are generally now held to be contracts, and not mere symbols or means of identification of the passenger, so that the holder of a ticket is deemed to assent to its terms. Such stipulations, which usually restrict the liability of the carrier, have been held to be valid and binding if reasonable and not against public policy. Common carriers
may require passengers to buy tickets as a con dition of their being carried; and, when reason able opportunity to do so is given, the carrier may charge an additional rate when the passenger has failed to buy a ticket. Common carriers may make any condition as to the time and use of tickets which is reasonable. Thus provisions contained in the ticket that it shall be used be fore a date named, or that it shall be stamped by the carrier before it is presented for a return trip, or that it shall not be transferable, have been held to be valid.
The carrier may require the passenger to pro duce the ticket or an identification check for in spection whenever required to do so, and upon the passenger's failure to comply with the regu lation may eject him. This appears to be the general rule even when the passenger's inability to comply with the regulation is due to the neglect of the carrier's agents, as when the wrong ticket is given out by the carrier's ticket agent or the wrong coupon is taken up by one conduc tor, so that the passenger is left without the proper coupon at a subsequent stage of his jour ney. The passenger's right in such a case is not to insist upon being carried without payment of the fare demanded by the conductor or other agent of the carrier. hut to pay the fare de manded and to bring an action against the car rier for breach of the contract evidenced by the ticket. Purchase of a ticket entitles the holder to all the accommodations usually given by the carrier to holders of that class of tickets. If, however, they are not provided, as in case the carrier fails without excuse to provide the pas senger with a seat, his right is not to refuse to pay fare or surrender his ticket, but to recover damages for the carrier's breach of contract or undertaking to carry. See CARRIER, COMMON; TRANSPORTATION; etc.