Miller v. King
New York Supreme Court
Appeal from circuit court, Orange county. Action by George Miller against John King and another, as receivers of the Hew York, Lake Erie & Western Railroad Company, to recover damages for an alleged unlawful ejection of plaintiff from defendants’ car. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defend- ants appeal.
1Opinion of the CourtPratt, J.
This is an appeal from a judgment entered upon a verdict, and from an order denying á motion for a new trial. The suit was brought for an unlawful ejection of the plaintiff from the car of the defendants, the plaintiff being a passenger.
The first objection made by the defendants is that plaintiff was permitted to amend his complaint upon the trial. This was not error, as the cause of action was not changed, and the defendants were not surprised or prejudiced thereby.
Prior to purchasing a ticket, the plaintiff had been told by the ticket agent that the train stopped at a place upon the line…
2Cases cited3 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Curtis v. Avon, Geneseo & Mount Morris RailroadNew York Supreme Court · 1867
- Elliot v. New York Cent. & Hudson River RailroadNew York Supreme Court · 1889
3Cited by7 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
- Eddy v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1897
- Barad v. New York Rapid Transit Corp.City of New York Municipal Court · 1937
2 more not listed; retrieve them via the Exa API.