14 A. 590 (N.J. 1888), Jardine v. Cornell

• Judge: Before BEASLEY, CHIEF JUSTICE, and Justices MAGIE and GARRISON.
• Parties: THOMAS JARDINE v. JACOB R. CORNELL AND THE PENNSYLVANIA RAILROAD COMPANY
• Docket Number: .
• Date: 15 June 1888
• Court: New Jersey Supreme Court
• Citation: 14 A. 590,50 N.J.L. 485

Page 590

14 A. 590 (N.J. 1888)

50 N.J.L. 485

THOMAS JARDINE

v.

JACOB R. CORNELL AND THE PENNSYLVANIA RAILROAD COMPANY

Supreme Court of New Jersey

June 15, 1888

Argued February 1, 1888.

SYLLABUS

Plaintiff purchased at Rahway a ticket consisting of three parts, viz., a ticket from Rahway to Waverly, an admission ticket to the state fair at Waverly, and a return ticket from Waverly to Rahway. The plaintiff was carried to Waverly, and was admitted to the fair grounds. In the evening he returned by train from Waverly, in company with his brother and an employee. Soon after leaving Waverly station the conductor of the defendant's train asked the plaintiff for his ticket, whereupon plaintiff offered him the part of the ticket which entitled him to admission to the fair grounds. The conductor refused to receive this ticket, and told plaintiff that he must pay a fare or leave the train, which the plaintiff refused to do. The train made its regular stop at Elizabeth, and, as it was about leaving that station, the conductor came to plaintiff and demanded that he pay his fare or leave the train, which plaintiff again refused to do. The conductor then summoned from the station platform the city police on duty there. Plaintiff, at this time, was seated next to the window, his brother occupied the half of the same seat next the aisle, and his employee was seated near by. The police notified plaintiff that he must leave the car, which plaintiff refused to do. An effort was made by the officer to pull him out of his seat, which, as the plaintiff forcibly resisted, proved ineffectual.

At this juncture a general affray arose, during which plaintiff was forcibly removed from the car to the city station-house.

For injuries received in the manner above detailed, plaintiff brought his suit against the conductor and the railroad company. A verdict of $ 1750 was recovered.

For the plaintiff, Cortlandt Parker.

For the defendant, Edward T. Green.

Before BEASLEY, CHIEF JUSTICE, and Justices MAGIE and GARRISON.

OPINION

[50 N.J.L. 486] On rule to show cause why a new trial should not be granted, certified from the Union Circuit Court.

[50 N.J.L. 487] GARRISON, J.

Page 591

An examination of the plaintiff's case shows that the only act ascribed directly to either of the defendants is that Cornell, the conductor, invoked the aid of the police. This act is significant only as a means of imputing the conduct of the officers to the defendants in this suit. That such a result may be reached is evident from the following well-established principles of law:

The agents of a railroad company have a right to forcibly eject from the train a passenger who, being unprovided with a proper ticket, refuses to pay a fare or to leave the train. State v. Overton, 4 Zab. 435; Carpenter v. W. & G. R. R. Co., 121 U.S. 474, 30 L.Ed. 1015, 7 S.Ct. 1002. If, in ejecting a passenger, more violence is used than is necessary for that purpose, the company and its agents are liable for damages resulting from such excess of violence. Steamboat Co. v. Brockett, 121 U.S. 637, 30 L.Ed. 1049, 7 S.Ct. 1039. A police officer, by responding to the invitation of the regular agents of the company, to aid in enforcing its regulations, becomes for that purpose a special agent of the company, and for the conduct of such special agent, within the scope of his [50 N.J.L. 488] employment, the...