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Re: On-Duty Metro-North Conductor Arrested

Posted by Nilet on Sat Aug 12 17:41:31 2017, in response to Re: On-Duty Metro-North Conductor Arrested, posted by Italianstallion on Sat Aug 12 13:03:03 2017.

Lol. If you do something in violation of a rule, that means the rule-maker has allowed it?

Except that if you'll recall, we're talking about theft of service.

AlM claimed that riding to 125th is "theft of service" because you're not paying for a trip to Mount Vernon.

I explained that it's not theft of service to pay for a trip you didn't actually take.

You stated that New Haven trains don't sell tickets to 125th, which implied you believed it was, in fact, theft of service.

I asked why New Haven trains wouldn't sell the ticket, which is an important question— theft of service requires you use services without intending to pay for them; the fact that you offered payment proves you intended to pay for them. Moreover, the vendor's refusal to accept payment releases you from your obligation to pay; the law does not allow you to be kept in a state of perpetual debt by a creditor who simply refuses to accept your money.

You dismissed the question and directed me to your reply to AlM where you agreed with his assessment that riding to 125th constitutes theft of service. You also posted an article carefully cropped to omit any reference to the fact that people regularly violate the R/D policy and are not arrested for it.

I explained the law to you with respect to theft of service and refusal to accept payment.

You responded by declaring that you're not "allowed" to ride to 125th.

I explained that since Metro-North permitted you to board a train to 125th, where you exited, then they have rendered you the service of transportation to 125th. As such, you have not committed theft of service, because you received transportation to 125th and paid for transportation to 125th.

Your response was nonsensical and appeared to either forget the context of the discussion (ie, theft of service) or to conflate state law with a policy the MTA established and is free to waive or rescind at any time.

So, let's see if I can figure out where you went wrong. In your opinion, is it a criminal offense if:

You buy a ticket from GCT to 125, board a New Haven train, and disembark at 125?

You buy a ticket from GCT to 125, board a Harlem line train with an "R" for 125, and disembark there?

You buy a ticket from GCT to Mount Vernon, board a New Haven train, but disembark at 125?


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