Thorpe v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, of the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 13 Hun, 70.) This action was brought to recover damages for an assault alleged to have been committed by one of defendant’s servants, in attempting to eject plaintiff from a car of a tiain upon its road, on which train plaintiff was a passenger. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, of the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 13 Hun, 70.) This action was brought to recover damages for an assault alleged to have been committed by one of defendant’s servants, in attempting to eject plaintiff from a car of a tiain upon its road, on which train plaintiff was a passenger. The facts appear sufficiently in the opinion. The porter of the drawing-room car was not defendant’s servant, and for that reason plaintiff should have been nonsuited.…
1Opinion of the CourtAndrews, J.
The defendant’s counsel, upon tho conclusion of the evidence, moved for a nonsuit, on the ground that the porter, by whom the alleged assault Avas committed, *405was not the servant of the defendant, and that the defendant was not therefore responsible for his acts.
The plaintiff was a passenger on the defendant’s train. He entered the cars at Syracuse, with the intention of riding in one of the ordinary cars to Auburn. He passed through the two ordinary cars attached to the train, and finding no vacant seat passed into the drawing-room car, and when called .upon by the porter to pay the extra…
2Cases cited1 opinion
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
3Cited by16 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Fairmont Creamery Co. v. CarstenSupreme Court of Oklahoma · 1936
- Frank Martz Coach Co. v. Hudson Bus Transportation Co.Supreme Court of New Jersey · 1945
- Jones v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1894
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