Legal Opinion

Guy v. New York, Ontario & Western Railroad

New York Supreme Court

Decided September 15, 1883Published

Appeal from a judgment dismissing the complaint, entered upon a nonsuit directed at the circuit, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The action was brought to recover damages for the alleged negligent killing of the plaintiff’s intestate by the defendant.

1Opinion of the Court

Barnard, P. J.:

The defendant wrongfully ejected the deceased from its cars. The deceased had no money with which to pay his fare and could not produce his ticket. It was not entirely certain but that he Iliad bought a ticket which entitled him to a passage from Middle-town to Fair Oaks and return. The proof rather tends to show that he bought such a ticket. At all events he did fail to produce the ticket, and the conductor at Sands station about a mile from Middletown proceeded to remove him from the train. Before he was removed a companion of the deceased tendered the 'fare for the deceased…

2Cases cited2 opinions

  1. O'Brien v. . N.Y. Cent. and Hud. R.R.R. Co.New York Court of Appeals · 1880
  2. Smith v. British & North American Royal Mail Steam Packet Co.New York Court of Appeals · 1881

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