Toomey v. Delaware, Lackawanna & Western Railroad
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Michael Toomey against the Delaware, Lackawanna & Western Railroad Company for causing plaintiff’s arrest on the ground that he was attempting to ride on defendant’s road without paying his fare, and with intent to avoid payment thereof. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtMcADAM, J.
On September 27, 1890, the plaintiff, in company with his son, Andrew J. Toomey, and a friend, Mr. Peppard, made a journey on the defendant’s road to Orange. Upon their return trip a dispute arose as to whether the tickets offered to the conductor entitled them to travel on his car. The dispute continued until the train reached Hoboken, and there the trio were arrested under color of a Hew Jersey statute which authorizes the apprehension of ány person who attempts to travel in a carriage of any railroad company without having paid his fare, and with intent to avoid payment thereof. The…
2Cases cited8 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Pennsylvania Co. v. BrayIndiana Supreme Court · 1890
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3Cited by4 opinions
- Linitzky v. GormanCity of New York Municipal Court · 1914
- Rothschild v. BiermanNew York Supreme Court · 1938
- Peppard v. Delaware, Lackawanna & Western RailroadThe Superior Court of the City of New York and Buffalo · 1893
- Peppard v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1893