Case Number
CA 357/56
Date Decided
3-28-1958
Decision Type
Appellate
Document Type
Full Opinion
Abstract
A passenger bought at a reduced price a season-ticket good for 23 journeys on the omnibuses of the appellant cooperative. At the time of purchase of the ticket, the cost of a single fare was 55 prutot. Before the passenger had used up the whole of the ticket, the Ministry of Transport approved a rise in the fare from 55 prutot to 60 prutot. The appellant inserted a notice in the newspapers stating that tickets such as that held by the respondent would remain valid only until November 15, 1955. On the day following that date, November 16, 1955, the passenger sought to use his ticket on one of the appellant's omnibuses, but the ticket collector refused to recognize it.
The passenger brought an action in the Magistrate's Court, claiming as damages the value of the remainder of the unused ticket. The Magistrate dismissed the claim. The passenger appealed to the District Court which, by a majority, allowed the appeal.
The omnibus cooperative appealed to the Supreme Court.
Held: (following Martin-Baker Aircraft Co. Ltd. and Another v. Canadian Flight Equipment Ltd.) that if the appellant cooperative desired unilaterally to change the agreement between itself and the passenger it must give reasonable notice, and in the present case a notice of 19 days was not reasonable. The appeal of the cooperative was accordingly dismissed and the claim of the passenger upheld.
Keywords
Contracts -- Compensation, Contracts -- Terms
Recommended Citation
Sussman, Yoel; Silberg, Moshe; and Olshan, Yitzhak, "Dan Bus Urban v. Yehiel" (1958). Translated Opinions. 119.
https://larc.cardozo.yu.edu/iscp-opinions/119
