McMahon v. Third Avenue Railroad
The Superior Court of New York City
This is an appeal by defendant from a judgment entered on the verdict- of a jury, and from an order denying a motion for a- new trial on the minutes. On July 6, 1878. the plaintiff entered one of the defendant’s cars at Fiftieth street, paid his fare, five cents, and rode up to Sixty-fifth street. The car he was on was what is known as a short car, and did not go above that street.
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This is an appeal by defendant from a judgment entered on the verdict- of a jury, and from an order denying a motion for a- new trial on the minutes. On July 6, 1878. the plaintiff entered one of the defendant’s cars at Fiftieth street, paid his fare, five cents, and rode up to Sixty-fifth street. The car he was on was what is known as a short car, and did not go above that street. He got off and purchased of one of the defendant’s servants a ticket on which were these words: “ Third Avenue Railroad Company. Grood only from Sixty-fifth street up to Yorkville and Harlem for a continuous ride.…
1Opinion of the Court
By the Court.—Truax, J.
The defendant moved to dismiss the complaint on the ground that under the evidence no cause of action was shown to maintain the complaint; and that the ticket produced in evidence did not authorize the plaintiff to ride upon the car on the second occasion, in the afternoon, he, the plaintiff, not having used the ticket for the continuous ride on the occasion and at the time he first received it. This motion was denied, and the defendant duly excepted. The defendant then moved the court to instruct the jury to find a verdict for the defendant. This motion *284was denied and…
2Cases cited2 opinions
- Maroney v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1870
- Pier v. FinchNew York Supreme Court · 1857