Marrone v. Washington Jockey Club

Background

A man who had bought a ticket to the Benningh Race Track sued after being physically prevented from entering the track on one day and turned out the next day after dropping his ticket into the box. He also claimed the defendants had conspired to harm his reputation by accusing him of having ‘doped’ a horse he had entered. The trial showed no proof of any conspiracy and that only the force necessary to keep him off the track was used.

Reasoning

The central question was whether buying a ticket gives the holder a property right in the land that others must respect. The Court followed the commonly accepted rule from English and American decisions that a ticket is a contract but not a conveyance of an interest in the land. Because the ticket was not a conveyance (it was not under seal and did not purport to transfer land rights), it did not create a right in rem enforceable against the owner or third parties. That meant the holder could not use self-help to force entry; the ticket was a license that could be revoked and the buyer’s remedy was an ordinary lawsuit for breach.

Real world impact

The decision confirms that event tickets do not give permanent property rights in the venue. People who buy tickets cannot lawfully retake entry by force and must sue for damages if excluded. The ruling leaves open that a contract tied to an actual property interest might be different, but that was not the case here.