New Jersey Law Reports Volume 72

New Jersey Law Reports Volume 72

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...was familiar with the route, justify the inference, in the absence of any denial from the plaintiff, that he knew that the Central railroad was acting as agent only. The relation of common carrier and passenger did not exist as between the plaintiff and the Central Rail McDonald v. Central Railroad Co. 72 N. J. L. road Company after the train left the Central's road. The case differs from Little v. Dusenberry, 17 Vroom 614, and Dunn v. Pennsylvania Railroad Co., 42 Id. 21. In both those cases the relation of carrier and passenger existed between the parties at the time of the injury. The case resembles, rather, Alabama, &c., Railroad Co. v. Holmes, 75 Miss. 371. There is no evidence that the Central railroad took any part in the management of the train beyond Bound Brook. As far as the case indicates the Baltimore and Ohio railroad was in sole charge of the train at the time the plaintiff was ejected. The legal position of the Central railroad was similar to that of the Pennsylvania Railroad Company in Pennsylvania Railroad C0. v. Jones, 155 U. S. 333. There should have been a nonsuit as to the Central railroad. It is assigned as error that the court allowed the jury to award damages for the indignity and consequent injury to his feelings. This is the settled law in case of an unlawful eviction. Allen v. C. & P. Ferry Co., 17 Vroom 198; Delaware, Laokawanno and Western Railroad Co. v. Walsh, 18 Id. 548. The case differs from the cases cited in the briefs for the plaintiffs in error. The present plaintiff had in his possession and showed the conductor a ticket which entitled him to be carried to Chester, and a time'-table apparently authorized by the company which showed that the train was scheduled to stop at Chester....show more

Product details

  • Paperback | 196 pages
  • 189 x 246 x 11mm | 358g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236972627
  • 9781236972620