Legal Opinion

Horton v. Erie Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903Published

Appeal by the defendant, the Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 12th day of June, 1902, upon the verdict of a jury for $300, and also- from an order entered in said cleric’s office on the 7th day of July, 1902, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hirschberg, J. :

The plaintiff has recovered a judgment for damages because" of a. wrongful and unlawful ejection from one of the defendant’s passenger trains on June 7, 1899, at Narrowsburg, in this State, in consequence of his attempting to ride from that point to Cochecton, in this State, upon one of the defendant’s mileage books issued under chapter 1027 of the Laws of 1895, as amended by chapter 577 of the Laws of 1898. As the plaintiff concededly boarded the train at Lackawaxen, in the State of Pennsylvania, for the purpose of making a single through trip to Cochecton, the defendant…

2Cases cited2 opinions

  1. Minor v. . Erie R.R. Co.New York Court of Appeals · 1902
  2. Horton v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901

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