The People ex rel. Alexander McBride, Respondents, v. The New York Central Railroad Company, Appellant

The People ex rel. Alexander McBride, Respondents, v. The New York Central Railroad Company, Appellant. (Argued January 4,1872; decided May term, 1872.) Proceedings under the statute of forcible entry and detainer. The relator was in possession of certain premises adjoining defendant’s road. Certain of the employes of defendant, under the direction of its general superintendent, entered upon the premises and forcibly expelled relator, threatening him with injury if he returned. Defendant immediately took and retained possession of the premises. Held, that the presumption was that the act was not a voluntary, willful trespass upon the part of the superintendent and his men, but an official act for the benefit of defendant; at least the act was fully ratified, and defendant was therefore liable. A. P. Laning for the appellant. John C. Strong for the respondents. [MAJORITY — Hunt, C.,] Hunt, C., reads for affirmance. All concur. Order affirmed and judgment absolute against defendant, with costs.