Jackson v. . Second Avenue R.R. Co.
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court in the first judicial department, reversing a judgment entered upon decision of the court at circuit dismissing plaintiff’s complaint, and granting a new trial. This is an action of assault and battery brought against the defendants, the railroad company and one John Doe, who is stated in the title to be thus named because his real name is not known, the conductor being intended.
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Appeal from order of the G-eneral Term of the Supreme Court in the first judicial department, reversing a judgment entered upon decision of the court at circuit dismissing plaintiff’s complaint, and granting a new trial. This is an action of assault and battery brought against the defendants, the railroad company and one John Doe, who is stated in the title to be thus named because his real name is not known, the conductor being intended. The plaintiff, in the fall of 1864, got into one of the company’s cars at Peck slip, intending to get out at Fifty-ninth street. The fare to Forty-second…
1Opinion of the CourtFolger, J.
If it be assumed as I think that it may be, that the defendants’ conductor had been instructed by them to demand of every passenger six cents as fare, and that he was also instructed and authorized by them to remove from the car any passenger who refused to pay that sum, then in this case the conductor was acting in the line of his duty to them, and of his authority from them, in attempting to remove the plaintiff from the car. The six cents fare had been demanded of the plaintiff; he had refused to pay it; he had been told that he would be removed unless he paid it, and he still refused. The…
2Cases cited2 opinions
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
- Seybold v. EisleSupreme Court of Iowa · 1912
- Hall v. Memphis & Charleston R.District Court, W.D. Tennessee · 1882
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