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Gillespie v. Brooklyn Heights Railroad Co.
New York Court of Appeals
178 N.Y. 347, 70 N.E. 857 (1904)
Facts
Elizabeth Gillespie (plaintiff), a female physician, boarded a streetcar owned by the Brooklyn Heights Railroad Company (company) (defendant), gave the conductor 25 cents, and requested a transfer. The fare for Gillespie’s route was five cents. Before finishing the transaction, the conductor became distracted by another passenger. When Gillespie regained the conductor’s attention and requested her transfer and her change, the conductor became irate, loudly and repeatedly accusing Gillespie of being “a deadbeat and a swindler” and refusing to give Gillespie her change. Gillespie sued the company for breach of contract and for the humiliation and injured feelings she suffered because of the conductor’s behavior. The trial court directed a verdict of 20 cents for Gillespie, reasoning that the railroad had breached its contract with her by overcharging her, but it concluded that she was not entitled to compensatory damages for humiliation and hurt feelings. The New York Supreme Court, Appellate Division affirmed the trial court’s judgment, and Gillespie appealed.
Rule of Law
Issue
Holding and Reasoning (Martin, J.)
Dissent (Gray, J.)
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