Northern Rail Road v. Page
New York Supreme Court
THIS was an action commenced in a justice’s court, to recover the sum of $3 for transporting the defendant in the plaintiffs’ cars from Rouse’s Point to Madrid Station. The defendant had a ticket, purchased by him from the receiver of the Hudson River Rail Road Company, for one passage, from Rouse’s Point to Ogdensburgh; of which the following is a copy: “ One passage. Rouse’s Point to Ogdensburgh. Kendrick, receiver Hudson R. R. R. N. T. to Ogdensburgh.”
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THIS was an action commenced in a justice’s court, to recover the sum of $3 for transporting the defendant in the plaintiffs’ cars from Rouse’s Point to Madrid Station. The defendant had a ticket, purchased by him from the receiver of the Hudson River Rail Road Company, for one passage, from Rouse’s Point to Ogdensburgh; of which the following is a copy: “ One passage. Rouse’s Point to Ogdensburgh. Kendrick, receiver Hudson R. R. R. N. T. to Ogdensburgh.” Stamped June 1. The defendant entered the plaintiffs’ passenger cars at Rouse’s Point, going west, on tho 2d of June, 1853, After the cars…
1Opinion of the CourtPaige, J.
It appears, by the evidence, that it has always been the custom, on the plaintiffs’ road, for the conductor to take up the tickets and give checks in place of them to the passengers, soon after their entrance into the cars. The proof clearly shows that the defendant had knowledge of this custom; and the justice, in rendering judgment for the plaintiffs, must have so found the fact. Under these circumstances, the law *132will- presume that the defendant when he purchased the ticket introduced in evidence, did so in reference to this custom on the road of the plaintiffs. (5 Hill, 439. 19 Wend. 386.…
2Cases cited1 opinion
- Cooper v. KaneNew York Supreme Court · 1838
3Cited by7 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
- Beebe v. AyresNew York Supreme Court · 1858
- Pier v. FinchNew York Supreme Court · 1857
- Johnson v. Concord RailroadSupreme Court of New Hampshire · 1865
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