Hyman v. New York Central Railroad

Smith, J.:

The action is one for malicious prosecution. This was so held by the trial court without exception. The plaintiff was a passenger on one of the defendant’s trains. At Buffalo he bought a ticket, claimed to have been for Toledo. He had his baggage checked to Toledo. At Cleveland the train crews changed and a different conductor came upon the train. It was the custom in such cases for the first conductor not to take up, or lift, as the witnesses say, a ticket for a station beyond his run, but simply to punch the same as far as his run extended, giving back the ticket to the passenger…