Miller v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Miller, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Orange on the 12th day of January, 1897, upon the dismissal of the complaint directed by the court after a trial before the court and a jury.
1Opinion of the Court
Cullen, J.:
On the first .trial of this action the court treated the cause of action as .one to recover damages for a breach of contract of carriage. The plaintiff recovered a verdict of $100. On appeal the judgment was affirmed. (Miller v. King, 84 Hun, 308.) In the opinion then delivered by Mr. Justice Pratt, in which Justices Brown and Dykman concurred, it was held that the conductor had no right to eject the plaintiff, and that his action in doing so was . unlawful, and that the plaintiff was entitled to recover damages for the indignity and humiliation suffered by him. This was a…
2Cases cited4 opinions
- Lake Shore & Mich. Southern Ry. Co. v. PierceMichigan Supreme Court · 1882
- Miller v. KingNew York Supreme Court · 1895
- Fink v. Albany & Susquehanna RailroadNew York Supreme Court · 1871
- Miller v. KingNew York Supreme Court · 1895
3Cited by8 opinions
- Eddy v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Louisville & Nashville Railroad v. GaddieCourt of Appeals of Kentucky · 1915
- Miller v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1898
- Monnier v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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