Vedder v. . Fellows
New York Court of Appeals
Appeal from the Supreme Court. Action brought by the plaintiff for being forcibly ejected, by the defendant from a passenger car of the New York Central Bailroad Company, on the 27th of November, 1854, at the town of Schuyler, in the county of Herkimer.
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Appeal from the Supreme Court. Action brought by the plaintiff for being forcibly ejected, by the defendant from a passenger car of the New York Central Bailroad Company, on the 27th of November, 1854, at the town of Schuyler, in the county of Herkimer. On the trial before Mr. Justice James, at the Montgomery Circuit, it appeared that the plaintiff purchased a passenger ticket at Canastota for St. Johns-ville, and took passage in a train of which the defendant was the conductor. The plaintiff exhibited his ticket and the defendant marked it by punching a hole in it, before reaching Utica. It…
1Opinion of the CourtS. B. Strong, J.
If the judge had so far complied with the request of the counsel for the defendant as to have made a positive decision as to the reasonableness or unreasonableness of the regulation requiring all the passengers for any station west of Schenectady, immediately after leaving Utica, to deliver up their tickets without at the same time receiving a check or some other paper evincing their right of passage to their respective places of destination, the defendant would have been precluded from contending that the judge had erroneously assumed it to be a question of law. Of course the defendant might…
2Cited by41 opinions
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Pittsb. C. & St. L. Ry. Co. v. LyonSupreme Court of Pennsylvania · 1889
- Little Rock & M. R. v. BarryCourt of Appeals for the Eighth Circuit · 1898
- Illinois Central R. R. v. WhittemoreIllinois Supreme Court · 1867
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
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