Barker v. Coflin
New York Supreme Court
MOTION for a new trial, upon exceptions first heard at general term. The action was to recover damages for an assault, and for ejecting the plaintiff from the cars of the New York Central Bail Eoad Company. The defendant was a conductor on the cars. The plaintiff, August 12th, 1858, purchased of the Hudson Eiver Eail Eoad Company, at its depot in New York city, a ticket for a passage to Buffalo.
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MOTION for a new trial, upon exceptions first heard at general term. The action was to recover damages for an assault, and for ejecting the plaintiff from the cars of the New York Central Bail Eoad Company. The defendant was a conductor on the cars. The plaintiff, August 12th, 1858, purchased of the Hudson Eiver Eail Eoad Company, at its depot in New York city, a ticket for a passage to Buffalo. He inquired what the fare to Buffalo was, and was told $5.00, which he paid- and received a ticket reading thus: “ Good for one seat in first class car from New York to Buffalo by Hudson Eiver and New…
1Opinion of the Court
By the Court, Marvin, J.
At the circuit, I was of the opinion that the case was to be controlled by the contract between the plaintiff and the rail road companies, and that the contract was, simply that the plaintiff, for the consideration of $5, should have a seat and be conveyed in the first class cars from New York'to Buffalo by the Hudson river and the New York Central Bail Boads, in case he availed himself of the contract within three days, and made the journey by a continuous trip. It was assumed that the agent selling the ticket had authority to bind the Hudson river and New York…
2Cases cited1 opinion
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
3Cited by7 opinions
- Southern Railway Co. v. WatsonSupreme Court of Georgia · 1900
- Ward v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
- Boice v. Hudson River RailroadNew York Supreme Court · 1872
- Johnson v. Concord RailroadSupreme Court of New Hampshire · 1865
- Bonasera v. Buffalo & Lake Erie Traction Co., New York County Courts1909
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