Legal Opinion

Lasker v. Third Avenue Railroad

City of New York Municipal Court

Decided April 15, 1899PublishedCited by 2 opinions

Appeal from judgment in favor of plaintiff.

1Opinion of the CourtMcCarthy, J.

The plaintiff voluntarily took passage in one of the open cars of the defendant. Subsequently, because of a cold and of the sudden change in the weather, the plaintiff left said first car and boarded a closed car, one immediately in the rear of the same and attached thereto.

The conductor of the latter car then demanded from plaintiff his fare, which plaintiff refused, for the reason that he had already paid a fare to the conductor in charge of the first, or open car.

Because of this refusal he was ejected from the last car —■ hence this action. The. demand of the conductor jn charge of the…

Also in this document: Concurrence.

2Cited by2 opinions

  1. Birmingham Railway Light & Power Co. v. McDonoughSupreme Court of Alabama · 1907
  2. Birmingham Railway, Light & Power Co. v. YieldingSupreme Court of Alabama · 1908

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