Anderson v. . Erie R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 28, 1916, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s intestate paid the full fare which the defendant was entitled to by law, and, therefore, there was no consideration for the release on the back of the ticket.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 28, 1916, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s intestate paid the full fare which the defendant was entitled to by law, and, therefore, there was no consideration for the release on the back of the ticket. (Bissell v. N. Y. C. R. R. Co., 25 N. Y. 442.) The defendant could not make a contract to be released from negligence…
1Opinion of the CourtMcLaughlin, J.
Plaintiff’s intestate, a clergyman, obtained from defendant, a written order that at any time during the year 1913 its agents would sell to him, for his personal use, a clerical ticket subject to the conditions on the back thereof. On the 10th of November, 1913, he presented this order to and purchased from defendant’s- agent at Elmira, N. Y., a ticket over defendant’s road from that place to Leroy, N. Y., for which he paid $1.20, the regular fare being $2.35. The condition on the back of the ticket was: “ In consideration of this ticket being sold at a reduced rate, a person accepting and…
2Cases cited20 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904
- Charleston & Western Carolina Railway Co. v. ThompsonSupreme Court of the United States · 1914
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3Cited by25 opinions
- Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961
- Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
- Conklin v. Canadian-Colonial Airways, Inc.New York Court of Appeals · 1935
- Wyman v. Pan American Airways, Inc.New York Supreme Court · 1943
- Rogow v. United StatesDistrict Court, S.D. New York · 1959
20 more not listed; retrieve them via the Exa API.