Barker v. Central Park, North & East River Railroad
New York Court of Appeals
Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered April 6, 1893, which affirmed a judgment in favor of defendant entered upon the dismissal of the complaint at the close of plaintiff’s case at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered April 6, 1893, which affirmed a judgment in favor of defendant entered upon the dismissal of the complaint at the close of plaintiff’s case at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The real issue in this case is whether, under the circumstances testified to, the plaintiff should be held, as a matter of law, to have refused to pay his fare. Upon that ground, and no other, can the defendant justify the assault upon…
1Opinion of the CourtBartlett, J.
This appeal presents a novel question which has not been considered by this court in any case to which our attention has been called.
No opinion was written in the court below.
The defendant corporation operates a horse railroad in the city of New York as a common earner of passengers.
On the 12th of January, 1889, the plaintiff entered one of the defendant’s cars as a passenger, and when called upon for his fare of five cents found that the smallest amount of money in his possession was a five-dollar bill.
The plaintiff offered the bill to the conductor, who stated, “ I am not supposed to change…
2Cases cited4 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Vedder v. . FellowsNew York Court of Appeals · 1859
- Avery v. New York Central & Hudson River R. R. Co.New York Court of Appeals · 1890
- Barrett v. Market Street Railway Co.California Supreme Court · 1889
3Cited by17 opinions
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Montgomery v. . Buffalo Railway Co.New York Court of Appeals · 1900
- Jenkins v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Ketchum v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Pullman Car Co. v. KraussSupreme Court of Alabama · 1906
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