Legal Opinion

Jersey City & Bergen Railroad v. Morgan

Supreme Court of the United States

Decided December 23, 1895No. 97PublishedCited by 7 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF NEW JERSEY. This was an action of trespass brought by James E. Morgan against the Jersey City and Bergen Railroad Company in the Circuit Court of Hudson County, New Jersey, to recover damages for his ejection from a street car of the company by the conductor thereof. The defendant pleaded the general issue and a special plea of mollitur manus invposuit in defence of possession, to which plaintiff filed a replication de injuria.

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ERROR TO THE SUPREME COURT OF THE STATE OF NEW JERSEY. This was an action of trespass brought by James E. Morgan against the Jersey City and Bergen Railroad Company in the Circuit Court of Hudson County, New Jersey, to recover damages for his ejection from a street car of the company by the conductor thereof. The defendant pleaded the general issue and a special plea of mollitur manus invposuit in defence of possession, to which plaintiff filed a replication de injuria. Issues were joined accordingly. There was verdict and judgment for plaintiff, which was affirmed on error by the Supreme…

1Opinion of the Court

Mr, Chief Justice Fullee,

after stating the case, delivered the opinion of the court.

The Supreme Court of New Jersey, after referring to the legislation of Congress above quoted, said: “This particularity in the limitation and allowance as to gold coin, is not found in the case of natural abrasion in silver coin. This difference is very noticeable and important in a question of statutory construction and legislative intention. It seems by these statutes, that so long as a genuine silver coin is worn only by natural abrasion, is not appreciably diminished in weight, and retains the appearance…

2Cases cited1 opinion

  1. Missouri v. AndrianoSupreme Court of the United States · 1891

3Cited by7 opinions

  1. Coder v. ArtsSupreme Court of the United States · 1909
  2. De Lamar's Nevada Gold Mining Co. v. NesbittSupreme Court of the United States · 1900
  3. Chapman v. BowenSupreme Court of the United States · 1907
  4. Conde v. YorkSupreme Court of the United States · 1898
  5. Mathew v. Wabash RailroadMissouri Court of Appeals · 1904

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