Howe v. Buffalo, New York and Erie Rail Road
New York Supreme Court
THE defendant was the proprietor of a rail road from Buffalo to Corning, connecting at the latter place with the New York and Erie road, and at Avon with the Bochester and Genesee Valley road.
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THE defendant was the proprietor of a rail road from Buffalo to Corning, connecting at the latter place with the New York and Erie road, and at Avon with the Bochester and Genesee Valley road. The plaintiff was a conductor, in the employ of the defendant; his instructions being not to honor such passenger tickets, issued by the New York and Erie Bail Boad Company, as on their face were marked “ good for six days only, from date,” if presented after the limited time, but to demand fare, and if the passenger refused to pay, to stop the train and remove him from the cars. On the 21st of January,…
1Opinion of the Court
By the Court, Welles, J.
It is stated by Judge Story in his treatise on Agency, (§ 339,) as a general principle of law, £C that an agent who commits a trespass, or other wrong to the property of a third person, by the direction of his principal, if at the time he has no knowledge or suspicion that it is such a trespass or wrong, but acts bona fide, will be entitled to reimbursement and contribution from his principal for all the damages which he sustains thereby;” and that££ the same doctrine applies to all cases of losses or damages sustained by an agent in the course of the business of his…
2Cited by4 opinions
- Bacon v. Fourth National BankCity of New York Municipal Court · 1889
- Baltimore Steam Packet Co. v. GarrisonNew York Court of Common Pleas · 1875
- Fake v. SmithNew York Court of Appeals · 1869
- Turner v. JonesNew York Supreme Court · 1869