The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16
MARINE COURT.
yoHGmLE ELECTION FROM RAILWAY TRAIN
JUSTIFIED By VERDICT
Before Judge Alker

8V601bLG EJEC11ON FROM RAILWAY TRAIN
JUSTIFIED By A VERDICT.
Before Judge Alker.
Charles 8. Knapp vs.. The New York Central and
Hudson River Railroad Company.-The plaintiff ia
an Episcopal clergyman. now In charge OF the Pa
cifc Mail steamship CompanY's church at Aspin-
wall. In October, 1873, he was attending o convo-
cation at Y0nkers, and on the l4th OF that month,
in company with tho Rev. Mr.. Moore, took the
two O'Clock train, he having purchased ticket for
Manhattanvllle, paying eighteen cents, while MIR.
Moore paid twenty five for one to Tnirtieth street.
On the way down the plaintiff changed his mind
and concluded 10 come down all the way so as to
consult some books at the Theological Seminary
Library, and when the conductor came round for
tickets after leaving Manhattanville, told him OF
his Intention, handing him seven cents. The con-
ductor demanded Eve cents more; whereupon
plaintin-as he says-explained that his friend had
only paid twenty. five CENTS and this seven added
to the eighteen already paid would make up this
amount. The conductor replied that he would
have to pay the additional amount or leave the
car, which plaintiff refused TO do. The conductor
then rang the bell ana stopped the train, when
p!ainun said that he would pay; but the conduc-
called in three brakemen and elected him with
great violence at Elghtieth street, whence he had
TO walk to Fifty-ninth street. He says he was too
late to transact mis- business In the city never
completed course 0 lectures which ne was
about about, 70 od read up for that alternoon. and
roborated plaintins testimony. but giving more
In detail the controversy with the conductor,
which he stated was qulte violent, saying that the
piaintf refused to pay the additional Iare char.
acterizlng 1t as an imposition. Plaintins counsel
read TO the Court The statute which compes q
conductor In such case TO put the passenger or
e,tber AZ usual rs Stopping place or near some
conductor testified that on being of7ered the seven
cents he demanded Ave more; that plaintiff re.
fused because his friend had only paid twenty-five;
hat n N ed n m hof M A.
cent tickets were o special arrangement, thirty
cents being the regular fare; that on pialntn still
the train II he did nos pay; to winch ne replied,
bracIng himself IN his seat, lf you want me to 20
alter the train was stopped, with the assistance OF
one brakeman, led MIN to the door, wnen he
the Court CHARGED the ury isa YOU pay or
violence was used, II the conductor refused the
iare at any time before stopping the train, or If
plsintin was elected at place not within a rea.
sonabie distance OF habilalion or usual stopping
place the plain lin was entitled 10 verdict but II
the additional fare was only rendered alter he
stoppage OF the train, tnat then the conductor was
not Obliged TO accept It. The jury rendered a yer.
dict In favor OF the defendant
FALSE IMPRISONMENT.
Before Judge Gross
Rosa Haymon sued Henry Cnyle for false i'm.
prisonment, laying her damages at $1,000 1t an.
peared that the 3lst Of December last the plain
tin. who, with her husband and three children
boarded with the defendant In Wooster street,
was locked In her room by the defendant, or his
servant by his lnstru ctions, and detained there
against her Will for some Time, preventing her
from vacatn2 his premises. DEFENDANTS testi-
mony was, that being informed she was removing
some OF his goods he started for n police
officer 20 RESTRAIN her. and he gave direc-
tons TO his COOK rot to allow her to move any
parcels until he returned; wnereupon the COOK
turned The Key IN tue door ana locked the plalntlr
IN. The defendant was corroborated IN his testi.
mony 10y his COOK, who sworc he locked the door
AT The close OF the testimony the Court submitted
the case to the jury as question OF TACT charging
tnat II the piaintn was restrained OF her liberty,
only for moment. through the act or the defend.
ant, or by his authority, sne was entitled to n ver.
dict, which should be commensurate with the
amount OF mental anguish she suffered during hcr
incarceration. verdict Ior plalntln. $40.