Metzger v. New York State Railways
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York State Railways, from an order of the County Court of Monroe county, entered in the office of the clerk of said county on the 29th day of June, 1914, denying defendant’s motion to set aside the verdict of a jury in plaintiff’s favor for $275, and also from an order entered in said clerk’s office on the 1st day of July, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lambert, J.:
The action is for assault. The plaintiff boarded an interurban car operated by defendant at that stop known as Grlen Edith, a short distance out of Rochester, en route for Rochester. The regular fare from Grlen Edith to Rochester was eighteen cents, which amount he tendered the conductor in cash. He had no ticket, and in fact had no opportunity to purchase one, inasmuch as the defendant maintains no ticket office at Grlen Edith. He was informed by the conductor that the regulations and tariffs of the company provided for an excess charge of ten cents, in case cash fare was paid,…
2Cases cited2 opinions
- Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
- Loomis v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1913
3Cited by5 opinions
- Murray v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Ten Ten Lincoln Place, Inc. v. Consolidated Edison Co.New York Supreme Court · 1947
- City of New York v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1921
- People ex rel. Public Service Commission v. New York Telephone Co.New York Supreme Court · 1940
- Metropolitan Club, Inc. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1950