Hill v. . Syracuse, B. N.Y.R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon an order non-suiting plaintiff upon trial. (Reported below, 2 Hun, 114; 4 T. & G, 685.) This action was brought to recover damages alleged to have been sustained by plaintiff, by being ejected from a train on defendant’s road by the conductor.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon an order non-suiting plaintiff upon trial. (Reported below, 2 Hun, 114; 4 T. & G, 685.) This action was brought to recover damages alleged to have been sustained by plaintiff, by being ejected from a train on defendant’s road by the conductor. On the 26th January, 1812, plaintiff purchased a ticket from Elmira to Syracuse entitling him to passage over the Erie railroad and defendant’s road. The ticket upon its face stated that it was “only…
1Opinion of the CourtMiller, J.
The railroad ticket held by the plaintiff limited the time within which it was to be used to twenty days. This time had expired when it was offered to and refused by the conductor, and unless the limitation was waived and the time specified extended by proper authority, the plaintiff was not exonerated from paying his fare upon the request of the conductor, and upon his refusal to do so the latter had an undoubted right to eject the plaintiff. The alleged waiver is founded upon the indorsement of the ticket and its use to Owego on the day of its date (January twenty-sixth), and upon a…
2Cited by8 opinions
- Grogan v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Southern Railway Co. v. WatsonSupreme Court of Georgia · 1900
- Louisville, New Albany & Chicago Railway Co. v. NicholaiIndiana Court of Appeals · 1892
- Buck v. Manhattan Railway Co.New York Court of Common Pleas · 1890
- People ex rel. Fleischman v. CaldwellAppellate Division of the Supreme Court of the State of New York · 1901
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