Description - Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 60 by Nathan Howard
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 Excerpt: ...River R R Co. lifetime of the ticket. In such a case he may, without regard to the limit, travel upon the ticket to the point for which he bought it. In short, if it be the fault of the passenger that the ticket has expired before he has arrived at his destination, he must bear the loss and pay the regular fare; but if his failure to reach the point for which the ticket was bought is imputable to the railway company, he is entitled to use the ticket, though the time for which it is limited has passed. In the case before us there is nothing to show that there was any delay on the part of the company. On the contrary, it appears that the plaintiff himself was responsible for his failure to arrive in New York before the ticket expired. On the afternoon of the twenty-sixth, the last day on which, according to its terms, the ticket could be used, he took the cars at Rochester to come to New York. His ticket was accepted by the company as good and sufficient for the twentysixth, and he traveled upon it until he arrived at Hudson, which he did at three o'clock in the morning of the twentyseventh. The conductor then said that the ticket had expired at midnight, and that as the twenty-seventh of September had come the plaintiff must pay his fare to New York. This the plaintiff would not do, and he was, thereupon, without unnecessary violence put off the train. I think that he was rightfully put off, and that the judgment should be affirmed, with costs. Million agt. Smith. SUPREME COURT. James F. Mahon agt. Albert B. Smith and others. Deed of settlement in consideration of a wife's relinquishment of her dower right in real estate--Release of wife'l claims of dower good consideration to sustain the trust--Assignment of husband's interest, in his lifetime, is a breach ...
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