Huba v. Schenectady Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Schenectady Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 19th day of December, 1902, upon the verdict of a jury-for $300 ; also from so much of an order entered in said clerk’s office on the 6th day of December, 1902, as imposed upon the defendant the payment of costs as a condition of granting a new trial, and also from an order enteréd in said…
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Appeal by the defendant, the Schenectady Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 19th day of December, 1902, upon the verdict of a jury-for $300 ; also from so much of an order entered in said clerk’s office on the 6th day of December, 1902, as imposed upon the defendant the payment of costs as a condition of granting a new trial, and also from an order enteréd in said clerk’s office on the 19th day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes.…
1Opinion of the Court
Houghton, J.:
The defendant operates a street railway and the plaintiff boarded one of its cars as a passenger in an intoxicated condition. The conductor demanded his fare, which was not paid, and the plaintiff was put off the car.
The theory of the plaintiff in his complaint and on the trial was that sufficient time was not allowed him to pay his fare, and that be was unlawfully ejected. The defendant contended that the plaintiff had refused to pay his fare and was properly removed from the car.
In ejecting the plaintiff he fell or was thrown to the ground and was more or less injured about…
2Cases cited5 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Cassidy v. . Brooklyn Daily EagleNew York Court of Appeals · 1893
- Bellemare v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Streng v. Frank Ibert Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
- Jackson v. HarriesUtah Supreme Court · 1925
- Glen L. Wigton Motor Co. v. PhillipsSupreme Court of Oklahoma · 1933
- Kehoe v. International Railway Co.New York Supreme Court · 1907
- Osterhout v. Delaware, L. & W. RailroadAppellate Terms of the Supreme Court of New York · 1910
- Zuckerman v. New York Railways Co.Appellate Terms of the Supreme Court of New York · 1914