Milchman v. New York Railways Co.

The action is for breach of a contract of carriage; plaintiff insisting he had paid his fare and defendant’s conductor that he had not. The *316conductor attempted to eject plaintiff by force from defendant’s car, and in such attempt plaintiff claimed assaulted him. The court charged the jury as-follows:

“ Now, what was the duty of the defendant, and what was the duty of the passenger? They have mutual obligations. The proper thing to do would be this: according to law, the conductor should go to a passenger, or one who is in the car and ask him for his fare. If the passenger says that he paid his…