Behr v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from a, judgment of the Supreme Court in favor of the plaintiff, entered iri. the office of the clerk of the county- of Rockland on the 16th day. of May, 1901, upon the verdict of a jury for $350, and also from an. order entered in said clerk’s office on the 13th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
In this action the plaintiff has recovered $350 damages for injuries sustained by him in consequence of having been unlawfully ejected from one of the trains of the defendant, while traveling thereon as a passenger between Hew York and Spring Yalley. Traveling with him, and under his charge at the time, was a lad whose identity and age are in dispute. Ho fare had been paid for this boy, and the plaintiff refused to pay any on the ground that he was under five years of age. The conductor, in demanding the fare from the plaintiff, insisted that the boy was eight or nine…
2Cases cited2 opinions
- Pease v. . D., L. W.R.R. Co.New York Court of Appeals · 1886
- O'Brien v. . N.Y. Cent. and Hud. R.R.R. Co.New York Court of Appeals · 1880