Tallon v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Interborough Rapid Transit Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of February, 1920, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff’s intestate was an employee of the Inter-borough Rapid Transit Company. His duty was to report for work at One Hundred and Seventy-seventh street and Tremont avenue at six-forty-three a. m., at which time his pay commenced. The employees of the company are given passes to ride upon the passenger trains of the company. This pass was a family pass and entitled the employee to ride to and from his work and wherever and whenever he might choose.
Upon October 21, 1919, plaintiff’s intestate was living at 469 East One Hundred and Forty-sixth street. He boarded one of the…
2Cases cited5 opinions
- Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
- Claim of De Voe v. New York State RailwaysNew York Court of Appeals · 1916
- Pierson v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Pierson v. . Interborough Rapid Transit CompanyNew York Court of Appeals · 1920
- Claim of Kowalek v. New York Consolidated RailroadAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by1 opinion
- Sylcox v. National Lead Co.Missouri Court of Appeals · 1931