Jersey City & Bergen Railroad v. Morgan

The opinion of the court was delivered by

Scudder, J.

The defendant company was running a horse car railroad in certain streets of Jersey City. The plaintiff below and his wife entered one of their cars, and after riding a short distance, he handed to the conductor, in his own language, “one of the coins, ten cents, a smooth American coin.” The amount was right for two fares, but the conductor refused to receive the coin because it wras worn smooth. The plaintiff protested, paid his wife’s fare, five cents, with another small coin, and on refusal to pay for himself with any other money than the…