Barney v. Oyster Bay & Huntington Steamboat Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action was brought to recover damages for ejecting plaintiff from defendant’s steamboat and for refusing him passage thereon.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action was brought to recover damages for ejecting plaintiff from defendant’s steamboat and for refusing him passage thereon. Defendant was the owner of a steamboat and the carrier of passengers and freight thereon between New York and Jones’ Dock, near Huntington, Long Island. Plaintiff was engaged in the express business between New York…
1Opinion of the CourtAndrews, J.
It is the general duty of a carrier of passengers to carry all persons who offer themselves as passengers, provided there is room in the conveyance, upon being paid the usual fare.
The carrier however, may make reasonable rules and regulations for the’ conduct of his business, and when they are made known, passengers are bound to observe them. He may carry on, in connection with his business of carrier, any other business, and may use his property in any way he may choose to promote his interests, not inconsistent with the duty he owes to passengers. The vessel or vehicle which he uses is his…
2Cited by36 opinions
- Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905
- Fluker v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1889
- Old Colony Railroad v. TrippMassachusetts Supreme Judicial Court · 1888
- Connors v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1910
- Fort Worth & Denver City Railway Co. v. StateTexas Supreme Court · 1905
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