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Burfeindt v. New York City Ry. Co.

101 N.Y.S. 589 Court N.Y. App. Term Decision date 1906-12-11 English

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p. 589
BURFEINDT v. NEW YORK CITY RY. CO.
(Supreme Court, Appellate Term.
December 11, 1906.)

Headnote

Carriers—Misconduct of Servant—Excessive Damages.
A passenger on boarding a car paid a cash fare, instead of tendering his transfer. Before the conductor had rung up the fare, the passenger requested the return of the money, whereupon the conductor abused him and undertook to forcibly remove him from the car. The passenger remained on the car. He suffered no serious injury. Held, that a verdict of $500 was excessive, and should be reduced to $100.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 9, Carriers, § 1345.]
Appeal from Municipal Court, Borough of The Bronx, Second District.
p. 590
Action by Charles Burfeindt against the New York City Railway Company. From a judgment for plaintiff, defendant appeals. Modified and affirmed.
Argued before GILDERSLEEVE, FITZGERALD, and DAVIS, JJ.
William E. Weaver, for appellant.
Gustav J. Voss, for respondent.

Plaintiff, a passenger upon an Amsterdam avenue car, paid his fare and received a transfer for the cross-town line at 125th street. On boarding the latter car he paid another fare absentmindedly, but before the conductor had rung it up he recovered his memory and requested the return of his five cents, whereupon the conductor abused him and undertook to forcibly remove him from the car. His statement of the occurrence is corroborated, and not contradicted. Plaintiff remained upon the car until it reached the ferry. Five hundred dollars damages were awarded. No serious injury was suffered.

In Thomas v. Met. Ry. Co., 44 App. Div. 364 , 60 N. Y. Supp. 1150 , and in Conlon v. Met. St. Ry. Co., 34 Misc. Rep. 394 , 69 N. Y. Supp. 653 , verdicts of $250 were reduced to $100, and justice requires a similar modification in the case at bar.

Judgment modified, by reducing amount of recovery to $100, and as modified affirmed, without costs.

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