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

Appellate Terms of the Supreme Court of New York·Decided October 27, 1905·Published

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.

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

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95 N.Y.S. 559 (Koch v. New York City Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.