Legal Opinion

Muldowney v. Pittsburg & Birmingham Traction Co.

Superior Court of Pennsylvania

Decided October 10, 1898No. Appeal, No. 108PublishedCited by 1 opinion

Appeal, No. 108, April T., 1898, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1896, No. 447, on verdict for plaintiff. Trespass. Before McClung, P. J. It appears from the evidence that the plaintiff, a passenger on one of defendant’s cars, tendered a five dollar bill, claiming that she had no small change except three pennies. The conductor refused to change the five dollar bill and directed her to get off.

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Appeal, No. 108, April T., 1898, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1896, No. 447, on verdict for plaintiff. Trespass. Before McClung, P. J. It appears from the evidence that the plaintiff, a passenger on one of defendant’s cars, tendered a five dollar bill, claiming that she had no small change except three pennies. The conductor refused to change the five dollar bill and directed her to get off. Other facts sufficiently appear in the opinion of the court. The court charged the jury that the conductor was not bound to furnish change for a five dollar bill…

1Opinion of the Court

Opihtoít by

Rice, P. J.,

The plaintiff testified, that, when the conductor came to collect her fare, she discovered that the only money she had was a five dollar bill and three pennies; that she tendered him the bill, but he refused to change it, and said: “ You will get off —You get off.” She insisted, and said: “I will not get off; you take my fare.” He replied, “ Won’t you? I’ll see if you don’t.” He then passed through the car, and collected the fares of the other passengers, after which he stopped the car, and beckoning to her from the platform, where he stood, said .- “ You get off; get…

2Cases cited3 opinions

  1. Barrett v. Market Street Railway Co.California Supreme Court · 1889
  2. Laird v. Pittsburg Traction Co.Supreme Court of Pennsylvania · 1895
  3. Ham v. Del. & H. Canal Co., Pennsylvania Court of Common Pleas, Susquehanna County1891

3Cited by1 opinion

  1. Wynn v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1909

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