Brief Fact Summary. Plaintiff, who was prevented from entering a track after buying a ticket, sued the Defendant track for trespass.
Synopsis of Rule of Law. A ticket for admission upon the property of another does not create a property right in the ticket holder, and the only right of the holder is in contract.
Issue. Can a ticket-holder sue for trespass for being denied entry by the ticket issuer?
Held. No. Judgment affirmed.
The common law rule is that purchasing a ticket does not confer a property right.
The contract may bind the maker of the ticket, but it does not act as a conveyance, because it is not under seal and does not have that effect by common understanding.
The only right the Plaintiff might have, insofar as he was not subject to any more force than necessary on the part of Defendant, is to sue in contract for an alleged breach created by the purchase of the ticket.
Discussion. Plaintiff, as the court pointed out, should have sought a remedy through a breach of contract action and not in trespass.