Rubinger v. New York Railways Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment for $274.41 in favor of the plaintiff, rendered in the Municipal Court of the city of New York, borough of Manhattan, fifth district, after a trial by the court without a jury.
1Opinion of the CourtPage, J.
The action is to recover for breach of contract for transportation, the plaintiff having been forcibly ejected from one of defendant’s cars. The plaintiff boarded a south-bound Fourth avenue car at Astor place, paid his fare and received a transfer. He left the car at Chamber and Center streets. He first testified that he went to the court house and obtained a certified copy of an order and then went to the corner of Chamber street and Broadway. After a motion to dismiss the complaint, upon the ground, among others, that the plaintiff had proved that he did not make a continuous trip, in that…
2Cases cited3 opinions
- Hanley v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Elder v. International Railway Co.New York Supreme Court · 1910
- Weber v. Rochester, Syracuse & Eastern RailroadAppellate Division of the Supreme Court of the State of New York · 1911