Pease v. . D., L. W.R.R. Co.

The court charged the jury as matter of law, that if the train bearing the plaintiff had stopped at a station, and 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 process of…