Legal Opinion

Rowe v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903Published

Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of June, 1902, upon the verdict of a jury for $900, and also from an order entered in said clerk’s office on the 8th day of July, 1902, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hirschberg, J.:

On appeal from the judgment rendered on the first trial we held that a rule prohibiting employees wearing the company’s uniform from occupying the front seat of an open car was a reasonable regulation. (See Rowe v. Brooklyn Heights R. R. Co., 71 App. Div. 474.) The rule actually adopted by the company was not read in evidence upon that trial, and the decision was based upon evidence tending to indicate that it was framed in the form suggested. On this trial the rule was read in evidence in connection with other rules upon the same general subject, and its bearing upon the…

2Cases cited1 opinion

  1. Rowe v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902

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