New York, Lake Erie & Western Railroad v. Ball

The opinion of the court was delivered by

Magie, J.

Ball, the plaintiff, was the holder of a ticket, issued by defendant, and valid for a continuous passage each way daily between Newark and New York, on the railroad •of defendant, for the month of May, 1888. On May 11th plaintiff, who was smoking, took a train at Newark, entered ■the smoking compartment of a combination car and, finding all seats therein occupied, passed through it into the baggage •compartment, which was at the rear of the same car. The car was the rear car of the train.

When the train reached the west end of defendant’s…