Koch v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Koch v. New York City Railway Co.

95 N.Y.S. 559

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 27, 1905

StatusPublished

This text of 95 N.Y.S. 559 (Koch v. New York City Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Koch v. New York City Railway Co., 95 N.Y.S. 559 (N.Y. Ct. App. 1905).

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Opinion

BISCHOFF, J.

The finding for the defendant is supported by evidence that the transfer ticket was mutilated after it came into the plaintiff’s possession, and thus lost its character as a token of his right to passage, within the reasonable rules adopted by the defendant. If mutilated when it was given him, this ticket would have sufficed, and the defendant could not properly have refused it; but there was evidence to the contrary, and we cannot say that the justice should have given the better credit to the interested testimony of the plaintiff.

Judgment affirmed, with costs. All concur.

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BISCHOFF, J.

The finding for the defendant is supported by evidence that the transfer ticket was mutilated after it came into the plaintiff’s possession, and thus lost its character as a token of his right to passage, within the reasonable rules adopted by the defendant. If mutilated when it was given him, this ticket would have sufficed, and the defendant could not properly have refused it; but there was evidence to the contrary, and we cannot say that the justice should have given the better credit to the interested testimony of the plaintiff.

Judgment affirmed, with costs. All concur.

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Bluebook (online)

95 N.Y.S. 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koch-v-new-york-city-railway-co-nyappterm-1905.