Legal Opinion

Walker v. Dry Dock, East Broadway & Battery Railroad

New York Court of Common Pleas

Decided June 15, 1867PublishedCited by 1 opinion

This action was commenced in August, 1866, against the above named railroad company, to recover forty-five dollars damages claimed by the plaintiff because of his having been, as he .alleged, improperly ejected from one of the defendants’ railroad cars by the conductor, for refusal to pay fare.

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This action was commenced in August, 1866, against the above named railroad company, to recover forty-five dollars damages claimed by the plaintiff because of his having been, as he .alleged, improperly ejected from one of the defendants’ railroad cars by the conductor, for refusal to pay fare. Upon the trial of the cause before Justice Barrett, of the sixth district, and a jury, the plaintiff proved that on the 16th of August, 1866, he was a passenger on one of the defendants’ cars; that he had previously purchased at the office of the company a package of twenty tickets, being one main…

1Opinion of the Court

By the court, Daly, F. J.

This judgment was right. The defendants were authorized by the internal revenue act, as amended July 13,1866 (§ 103), to issue tickets in multiples *337of twenty, to the price of which an amount equal to the revenue tax was to be added; and where tickets were not purchased, they were authorized to charge six cents for each passenger. The defendants issued a main ticket, signed by two of the officers of the company, at the end of which, and upon the same sheet, twenty tickets were printed, the main ticket containing a notification that each ticket attached entitled the…

2Cited by1 opinion

  1. Ketchum v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907

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