Legal Opinion

Beebe v. Ayres

New York Supreme Court

Decided November 9, 1858PublishedCited by 8 opinions

THIS action was tried at the Broome circuit, in October, 1857, before Balcom, J., and a jury, and upon the trial the following facts appeared, viz: That the Hew York and Brie Bail Boad, upon which the plaintiff was a passenger and the defendant a conductor, consists of four divisions.

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THIS action was tried at the Broome circuit, in October, 1857, before Balcom, J., and a jury, and upon the trial the following facts appeared, viz: That the Hew York and Brie Bail Boad, upon which the plaintiff was a passenger and the defendant a conductor, consists of four divisions. The eastern, extending from Piermont to Port Jervis; the Delaware, extending from Port Jervis to Susquehanna; the Susquehanna, extending from Susquehanna to Hornellsville, and the western, extending from Hornellsville to Dunkirk. And that the tickets issued to passengers upon the road, have upon them, at each…

1Opinion of the CourtGray, J.

It does not appear from the case that .a point was made upon the trial, founded upon the conduct of the two conductors—of the one, in permitting the plaintiff to ride upon a mutilated ticket from Deposit to Susquehanna, in violation of the rules of the company, or of the other in advising the plaintiff to lie over at Great Bend. And if one had been made, I am unable to perceive how the conduct of one conductor, in violating the rules of his employers, could prejudice another more faithful than himself, who adhered to his instructions and discharged his duties under them. For can I per*279ceive…

2Cases cited2 opinions

  1. Northern Rail Road v. PageNew York Supreme Court · 1856
  2. Huffstedler v. SwanTennessee Supreme Court · 1926

3Cited by8 opinions

  1. Stone v. C. & N. W. R.Supreme Court of Iowa · 1877
  2. Mason v. BreslinThe Superior Court of New York City · 1870
  3. Ward v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
  4. Denny v. New York Central & Hudson River RailroadNew York Court of Common Pleas · 1874
  5. Johnson v. Concord RailroadSupreme Court of New Hampshire · 1865

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