Phillips v. Northern Railroad of New Jersey
New York Supreme Court
Appeal from circuit court, Kings county. Action by Ida L. Phillips against the Northern Railroad of New Jersey for personal injuries received by being thrown from the platform of defendant’s railroad car by the starting of the train while plaintiff was boarding it. Defendant’s line was leased and operated by the Erie Railway Company. Judgment for defendant. Plaintiff appeals.
1Opinion of the CourtPratt, J.
Assuming that the ticket purchased by the plaintiff was issued in the name of the Northern Railroad of New Jersey,—a fact not as well proven as might be expected,—it was an excursion ticket providing for a ride only from Norwood to Jersey City and back. It gave no right to go elsewhere or further. In traveling beyond Norwood on her return from the city, and especially in attempting to get upon the east-bound local train at Sparkill, a point beyond the limitations of her ticket, the plaintiff enjoyed no contractual relations with the defendant whatever. Her case arises ex delicto, and can only…
2Cases cited4 opinions
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
- Heimstreet v. HowlandNew York Supreme Court · 1847
- Merrick v. . GordonNew York Court of Appeals · 1859
- Norton v. E. WiswallNew York Supreme Court · 1858
3Cited by3 opinions
- Cain v. Syracuse, B. & N. Y. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Cain v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Decker v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1903