Fink v. Albany & Susquehanna Railroad

4 Lans. 147 | N.Y. Sup. Ct. | 1871

By the Court

A new trial is granted upon the ground that the plaintiff had no right to take the train he was removed from, without paying his fare to the next station at which it was to stop, as it did not regularly stop at the station he desired to ride to, and did not in fact stop there on the occasion in controversy, and for the additional reason that the recovery should not have exceeded the actual damages.

Ordered accordingly.