Harrison v. Pennsylvania R.
New York County Court, Cattaraugus County
Appeal from Justice Court. Action by Albert Harrison against the Pennsylvania Railroad Company. From a judgment of a Justice’s Court for plaintiff, defendant appeals. This is an appeal from a judgment of a Justice’s Court entered upon the verdict of a jury for $25 damages.
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Appeal from Justice Court. Action by Albert Harrison against the Pennsylvania Railroad Company. From a judgment of a Justice’s Court for plaintiff, defendant appeals. This is an appeal from a judgment of a Justice’s Court entered upon the verdict of a jury for $25 damages. The case was tried solely upon the theory of recovering damages for the breach of the contract between the ^plaintiff and the defendant for transportation over its road from Delevan, in* Cattaraugus county, to Arcade, in Wyoming county, a distance of about five miles, and from Arcade back to Delevan. After the verdict the…
1Opinion of the CourtThrasher, J.
On these facts the plaintiff was entitled to recover as for breach of a contract to carry him out and back. He would have no cause of action for assault and battery, and the action was not tried on that theory. It was expressly stipulated at the beginning of the trial, whatever question might arise upon the pleadings, that the cause of action was solely, for breach of the defendant’s contract. Neither the conductor nor the railroad company would be liable as for a tortious act on the part of the conductor. The ticket presented to the conductor was upon its face void for the purpose for which…
2Cases cited6 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Monnier v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1897
- Miller v. . KingNew York Court of Appeals · 1901
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1898
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