English v. . Delaware and Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying motion for a new trial and directing judgment upon a verdict. (Reported below, 4 Hun, 683.) This action was brought to recover damages for injuries alleged to have been received in being forcibly ejected from | one of defendant’s cars by the conductor of the train.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying motion for a new trial and directing judgment upon a verdict. (Reported below, 4 Hun, 683.) This action was brought to recover damages for injuries alleged to have been received in being forcibly ejected from | one of defendant’s cars by the conductor of the train. The defence was that plaintiff was ejected for non-payment of fare. Plaintiff took passage on one of defendant’s trains at Binghamton for Port Crane, and his evidence tended to show…
1Opinion of the CourtMiller, J.
Prom the finding of the jury upon the trial, at the Circuit, we are authorized to assume that the plaintiff had paid his fare and was rightfully upon the train when he was removed by defendant’s conductor. This being conceded as to the actual state of the case, the judge properly refused to charge in accordance with the request of the defendant’s counsel, that even if the conductor had no right to remove the plaintiff from the ears, if he resisted to such an extent that extraordinary force became necessary to -remove him, and he was injured thereby, he could not recover for such injury. The…
2Cases cited2 opinions
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Sanford v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1861
3Cited by17 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891
- Louisville, New Albany & Chicago Railway Co. v. WolfeIndiana Supreme Court · 1891
- Ray v. Cortland & Homer Traction Co.Appellate Division of the Supreme Court of the State of New York · 1897
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