Fink v. Albany & Susquehanna Railroad
New York Supreme Court
Exceptions ordered to be heard in the first instance at General Term on a trial at the Otsego circuit. On the trial the evidence showed that Otego and Unadilla are stations about seven miles apart on the road of defendants; Wells Bridge is a station between them.
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Exceptions ordered to be heard in the first instance at General Term on a trial at the Otsego circuit. On the trial the evidence showed that Otego and Unadilla are stations about seven miles apart on the road of defendants; Wells Bridge is a station between them. The plaintiff lived between Otego and Wells' Bridge, but he was about one mile nearer home by getting off at Otego. /About 12 o’clock, m. of January 2§, 1870, he purchased a ticket at Wells Bridge for Unadilla, and went to that place. Upon his inquiring when he purchased this ticket, the agent told him there was a train coming east…
1Opinion of the Court
By the Court
A new trial is granted upon the ground that the plaintiff had no right to take the train he was removed from, without paying his fare to the next station at which it was to stop, as it did not regularly stop at the station he desired to ride to, and did not in fact stop there on the occasion in controversy, and for the additional reason that the recovery should not have exceeded the actual damages.
Ordered accordingly.
2Cited by4 opinions
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1897
- Plott v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- Miller v. KingNew York Supreme Court · 1895
- Moon v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903