Pease v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 21, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 Daly, 350.) This action was brought to recover damages for an alleged ■unlawful and forcible eviction by defendant’s employes of plaintiff from a train on defendant’s road. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 21, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 Daly, 350.) This action was brought to recover damages for an alleged ■unlawful and forcible eviction by defendant’s employes of plaintiff from a train on defendant’s road. The material facts are stated in the opinion. Plaintiff being a non-resident, and defendant a foreign corporation, and the cause of action an alleged assault and battery-on…
1Opinion of the Court
Huger, Ch. J.
The court charged the jury as matter of law, that if the train bearing the plaintiff had stopped at a station, *369and before it started again he offered to pay his fare, that any subsequent act of the defendant committed in the effort to expel him was unlawful, and rendered it liable for damages occurring therefrom. To this charge there was an exception.
We think this direction was erroneous. The facts taken in their most favorable aspect for him, showed that the plaintiff boarded the defendant’s train at Hoboken, intending to ride to Montclair. When the conductor reached him in the…
2Cases cited3 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- O'Brien v. . N.Y. Cent. and Hud. R.R.R. Co.New York Court of Appeals · 1880
- People v. JillsonNew York Supreme Court · 1856
3Cited by2 opinions
- Jarvis v. LynchNew York Supreme Court · 1895
- Miller v. New York, Lackawanna & Western Railway Co.The Superior Court of New York City · 1888