
    Elfrida Mellish, Appellant, v. Atchison, Topeka and Santa Fe Railway Company, Respondent.
    
      Assault — railroads — passenger — action for alleged assault in removing passenger from train for failure to pay fare of child who accompanied her.
    
    
      Mellish v. Atchison, Topeha & Santa Fe By. Co., 215 App. Div. 767, affirmed.
    (Argued December 13, 1927;
    decided January 10, 1928.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 28, 1925, unanimously affirming a judgment in favor of defendant entered upon a verdict. The action was to recover for an alleged assault perpetrated by defendant’s employees while ejecting plaintiff from one of defendant’s trains. ' The defense was that plaintiff was lawfully ejected for failure to pay the fare of a child over five years of age who accompanied her.
    
      Michael Potter and Edward Potter for appellant.
    
      Homer W. Davis and A. 8. H. Bristow for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman and Kellogg, JJ. Not sitting: Crane and O’Brien, JJ.  