Tarbell v. Northern Central Railway Co.
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The plaintiff on the 6th day of June, 1878, .purchased a ticket entitling him to ride over defendant’s line of railway from Harrisburg, in the State of Pennsylvania, to the city of Elmira, New York.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The plaintiff on the 6th day of June, 1878, .purchased a ticket entitling him to ride over defendant’s line of railway from Harrisburg, in the State of Pennsylvania, to the city of Elmira, New York. Upon this ticket plaintiff rode to Troy, Pa., where he got off and resumed his journey upon the next train which followed some hours after the train upon which he commencd his journey. The…
1Opinion of the Court
Learned, P. J.:
The learned judge charged the jury that they had no right to give punitive damages, but that if the plaintiff’s feelings were injured, he had a right to be compensated for such injury. This is quite correct. If the defendants did plaintiff a wrong, they should make compensation both for the pecuniary and for the mental injury.
The question whether the train agent waived the defendants’ regulations, and agreed that the plaintiff might “ stop over ” without receiving a “stop-over” ticket, was properly left to the jury. The evidence of the plaintiff was sufficient to justify the…
2Cases cited1 opinion
- Denny v. New York Central & Hudson River RailroadNew York Court of Common Pleas · 1874