Legal Opinion

Jardine v. Cornell

Supreme Court of New Jersey

Decided June 15, 1888PublishedCited by 14 opinions

On rule to show cause why a new trial should not- be-granted, certified from the Union Circuit Court. Plaintiff purchased at Rahway a ticket consisting of three parts, viz., a ticket from Rahway to Waverly, an admission ticket to the state fair at Waverly, and a return ticket from Waverly to Rahway. The plaintiff was carried to Waverly. and was admitted to the fair grounds. In the evening he returned by train from Waverly, in company with his brother and an employee.

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On rule to show cause why a new trial should not- be-granted, certified from the Union Circuit Court. Plaintiff purchased at Rahway a ticket consisting of three parts, viz., a ticket from Rahway to Waverly, an admission ticket to the state fair at Waverly, and a return ticket from Waverly to Rahway. The plaintiff was carried to Waverly. and was admitted to the fair grounds. In the evening he returned by train from Waverly, in company with his brother and an employee. Soon after leaving Waverly station the conductor of the defendant’s train asked the plaintiff for his-ticket, whereupon…

1Opinion of the Court

: The opinion of the court was delivered by

Garrison, J.

An examination of the plaintiff’s case shows that the only act ascribed directly to either of the defendants is that Cornell, the conductor, invoked the aid of the police. This act is significant only as a means of imputing the conduct of the officers to the defendants in this suit. That such a result may be reached is evident from the following well-established principles of law :

The agents of a railroad company have a right to forcibly eject from the train a passenger who, being unprovided with a proper ticket, refuses to pay a fare or…

2Cases cited3 opinions

  1. New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
  2. Burnap v. MarshIllinois Supreme Court · 1852
  3. Carpenter v. Washington & Georgetown RailroadSupreme Court of the United States · 1887

3Cited by14 opinions

  1. Dickson v. WaldronIndiana Supreme Court · 1893
  2. Brill v. EddySupreme Court of Missouri · 1893
  3. Southern Ry. Co. v. BeatySupreme Court of Alabama · 1925
  4. Neallus v. Hutchinson Amusement Co.Supreme Judicial Court of Maine · 1927
  5. Hobbs v. Illinois Central RailroadSupreme Court of Iowa · 1917

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