Hamilton v. New York Central Railroad
Commission of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial district, denying a new trial and directing judgment in favor of plaintiff upon a verdict. The action was brought by the plaintiff for being put off the defendant’s cars under the following circumstances.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial district, denying a new trial and directing judgment in favor of plaintiff upon a verdict. The action was brought by the plaintiff for being put off the defendant’s cars under the following circumstances. On the 12th day of August, 1863, he purchased a ticket at the office of the defendant, at Buffalo, from that city to New York, stamped with that date, of which the following is a copy: NEW YORK CENTRAL RAILROAD la BUFFALO to NEW YORK. GOOD FOR ONE FIRST CLASS PASSAGE Only upon presentation of this Ticket, with…
1Opinion of the Court
Lott, Ch. C.
The case was apparently heard at General Term, under the order of the judge made at circuit, without objection by either party ; and although that order may not have been strictly regular, it appears to have been treated as made within the provisions of section 265 of the Code so far as it related to the exceptions taken on the trial; and any irregularity affecting it must be deemed as waived.
The order at General Term will, therefore, be assumed to have been made under that section of the Code, and is, consequently, reviewable by ns on its merits. From such review the following…
2Cited by6 opinions
- Pitcairn v. Philip Hiss Co.Court of Appeals for the Third Circuit · 1903
- Goehrig v. StrykerDistrict Court, M.D. Pennsylvania · 1909
- Juergens v. ThomSupreme Court of Minnesota · 1888
- Pennsylvania Railroad v. ParrySupreme Court of New Jersey · 1893
- Shaw v. ShawNew York Surrogate's Court · 1882
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