Reiffeld v. President of Delaware & H. Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Rensselaer county. Action by Isaac Reiffeld against the president, managers, and company of the Delaware & Hudson Canal Company, to recover for wrongful ejectment from defendant’s train. From an order granting defendant a new trial upon newly-discovered evidence, plaintiff appeals. Reversed. Argued before PARKER, P. J., and LARDON, HERRICK, PUT-RAM, and MERWIN, JJ.
1Per curiam
It appears from the record in this case that the plaintiff bases his right to recover upon the ground that the conductor of the defendant’s train unlawfully ejected him from the car after he had tendered the proper fare from East Albany to Troy. He testified that when, after leaving East Albany, the conductor rejected the ticket as not good, he (plaintiff) took out 25 cents, and asked him to take the fare of 20 cents out of that; that the conductor refused to do so, and, notwithstanding such tender, put him off. The witnesses called to corroborate plaintiff tell substantially the same story.…
2Cases cited2 opinions
- Todd v. EighmieAppellate Division of the Supreme Court of the State of New York · 1896
- O'Harra v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895