Pier v. Finch
New York Supreme Court
THIS action was for an assault and battery alleged to have been committed by the defendants, on the plaintiff, in forcibly putting him out of a passenger car, on the New York and Erie rail road. The defendent Finch was the conductor of the train, and the other defendants, Manville and Curran, were brakemen, who acted as. the assistants of the conductor in removing the plaintiff. The plaintiff was put off for refusing to pay his fare.
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THIS action was for an assault and battery alleged to have been committed by the defendants, on the plaintiff, in forcibly putting him out of a passenger car, on the New York and Erie rail road. The defendent Finch was the conductor of the train, and the other defendants, Manville and Curran, were brakemen, who acted as. the assistants of the conductor in removing the plaintiff. The plaintiff was put off for refusing to pay his fare. He held, and offered to the conductor, a ticket in the words and figures following: “New York and Erie Rail Road. Corning to Elmira. Please keep this in sight.…
1Opinion of the Court
By the Court, Johnson, J.
The plaintiff, on the 25th of December, 1854, took a seat in one of the passenger cars on the *515Hew York and Brie rail road, at Corning, for Elmira, and some two or three miles east of Corning, was forcibly put off the train, by the conductor and the other defendants In his employ. The only cause alleged for the removal of the plaintiff from the cars, was his refusal to pay to the conductor his fare for that trip. It appears from the evidence, that when the conductor demanded the fare, the plaintiff produced and offered to him the ticket copied into the case, as…
2Cases cited1 opinion
- Northern Rail Road v. PageNew York Supreme Court · 1856
3Cited by2 opinions
- Gregory v. Burlington & Missouri River RailroadNebraska Supreme Court · 1880
- McMahon v. Third Avenue RailroadThe Superior Court of New York City · 1881