Legal Opinion · Concurrence

Miller v. King

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1897Published

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.

1Concurrence

Goodrich, P. J. :

In July, 1893, the defendants were duly appointed receivers of the New York, Lake Erie and Western Railroad Company, and as such receivers have since operated the above road.

On Sunday morning, March 11,1894, the plaintiff and a friend purchased tickets of the ticket agent at Middletown for passage to Sparrowbush. He and his-friend testified that before doing so they inquired of the agent whether a milk train which was then coming to the station stopped at Sparrowbush, and were informed that it did. The plaintiff boarded this train and the conductor called for and punched his…

2Cases cited11 opinions

  1. Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
  2. Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
  3. Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
  4. Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
  5. Pittsburgh, Cincinnati, & St. Louis Railway Co. v. NuzumIndiana Supreme Court · 1874

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