Berkelhamer v. Joline
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Actions by Isidore Berkelhamer and by Dora Berkelhamer against Adrian H. Joline and another, receivers of the Metropolitan Street Railway Company. From judgments for defendants in each case, plaintiff in each case appeals.
1Opinion of the CourtBischoff, J.
These actions were concededly brought and tried upon the theory of the carrier’s breach of contract to transport the plaintiffs as passengers; and, while some force was used in ejecting them from the car, the record does not suggest a cause of action for assault.
Upon the question óf the existence of a contract of carriage the justice properly found that there was a refusal to pay a fare when demanded, and since there was no proof to support the validity of the transfer tickets offered by the plaintiffs, as tokens of payments acceptable upon this particular car, the relation of carrier and…
2Cases cited2 opinions
- Lewyt v. Dry DockAppellate Terms of the Supreme Court of New York · 1907
- Brown v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1907
3Cited by2 opinions
- Daniel v. Brooklyn Heights RailroadNew York Supreme Court · 1910
- Daniel v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1910