Miller v. . King
New York Court of Appeals
Appeal from a judgment of tlie Appellate Division of the Supreme Court in the second judicial department, entered May 22, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
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Appeal from a judgment of tlie Appellate Division of the Supreme Court in the second judicial department, entered May 22, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages against a railroad company for a breach of contract of carriage; it appeared on the trial that the plaintiff, after being informed by one of defendant’s ticket agents that a certain train stopped -at a station to which he desired to go, purchased a ticket and boarded the train; that the ticket was thereafter…
1Opinion of the CourtWerner, J.
The record presented upon this appeal renders it unnecessary to review the history of the protracted litigation which has resulted in five trials and as many appeals. It is evident that the action was commenced and first tried upon the theory that the plaintiff was wrongfully ejected from one of the trains of the railroad company represented by the defendants as receivers, and claimed to be entitled to recover not merely the damages for the breach of the contract of carriage, but compensatory damages predicated upon the alleged indignity and inconvenience to which the plaintiff claimed to…
2Cited by6 opinions
- Busch v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Barney v. Delaware, Lackawanna & Western RailroadAppellate Terms of the Supreme Court of New York · 1908
- Rose v. KingAppellate Division of the Supreme Court of the State of New York · 1902
- Rose v. KingAppellate Division of the Supreme Court of the State of New York · 1902
- Harrison v. Pennsylvania R.New York County Court, Cattaraugus County · 1909
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