Parish v. Ulster & Delaware Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Ulster and Delaware 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 Delaware on the 14th day of March, 1904, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 8th day of March, 1904, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Ulster and Delaware 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 Delaware on the 14th day of March, 1904, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 8th day of March, 1904, denying the defendant’s motion for a new trial made upon the minutes. The defendant was in the habit of selling, at the office in Kingston only, mileage books for use upon its road. One Leroy E. Parish, the husband of the plaintiff, applied to the…
1Opinion of the Court
Parker, P. J.:
The action is for an assault and battery on the part of the conductor for ejecting the plaintiff from the defendant’s train. The trial judge charged the jury that she was unlawfully put off, and that the only question for them was the amount of damages which she suffered. Inasmuch as I have reached the conclusion that such instruction was erroneous, no other question need be examined.
On August 6, 1902, the plaintiff got upon the defendant’s train at Hobart for the purpose of riding to Davenport Center, She *13refused to pay her fare; that is conceded. Unless, therefore, the book…
2Cited by2 opinions
- Parish v. . Ulster Delaware R.R. Co.New York Court of Appeals · 1908
- Morrill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908