Elmore v. . Sands
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district in favor of the defendant, entered upon an order denying motion for a new trial and-directing judgment upon a verdict. This action was brought against the defendant, a conductor upon the Long Island railroad, to recover damages for forcibly ejecting plaintiff from the cars of that road. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district in favor of the defendant, entered upon an order denying motion for a new trial and-directing judgment upon a verdict. This action was brought against the defendant, a conductor upon the Long Island railroad, to recover damages for forcibly ejecting plaintiff from the cars of that road. The facts appear sufficiently in the opinion. The court directed a verdict for defendant; exceptions were ordered to be heard at first instance at General Term. Plaintiff’s ticket should not be considered as a…
1Opinion of the Court
Earl, C.
On the 16th of November, 1865, the plaintiff purchased, at Jamaica, a ticket for Hunter’s Point upon the Long Island railroad. Upon the face of 'the ticket was printed, “ Good this (late only,” and upon the back was stamped the date when it was issued. When the plaintiff purchased the ticket he intended to make the trip on that day, but his journey becoming unnecessary, he kept the ticket until the twenty-third of the same month, when he-entered the cars at Jamaica to go to Hunter’s Point. When called upon by the defendant as conductor for his fare, he produced the ticket; the…
2Cases cited3 opinions
- Blossom v. . DoddNew York Court of Appeals · 1870
- Sharp v. Mayor of New YorkNew York Supreme Court · 1860
- Shedd v. Troy & Boston RailroadSupreme Court of Vermont · 1868
3Cited by17 opinions
- Grogan v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Southern Railway Co. v. WatsonSupreme Court of Georgia · 1900
- Ketchum v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Drummond v. Southern Pacific Co.Utah Supreme Court · 1891
- Freeman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1905
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