Koch v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clemens Koch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on the 10th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Jenks, J.:
A common carrier of passengers must exercise the utmost vigilance to maintain order and to guard its passengers from violence which reasonably might be anticipated or naturally might be expected under all the circumstances and in view of the number and character of the passengers. This is the rule of Putnam v. Broadway & Seventh Ave. R. R. Co. (55 N. Y. 108, citing Flint v. Norwich & N. Y. Transportation Co., 34 Conn. 554) and of Carpenter v. Boston & Albany R. R. Co. (97 N. Y. 494, 497).
The plaintiff complained that while a passenger on a train of the defendant he was assaulted by…
2Cases cited3 opinions
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
- Carpenter v. . Boston and Albany R.R. Co.New York Court of Appeals · 1884
3Cited by4 opinions
- Manfredonia v. American Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Caputo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1982
- Mcmahon v. Interborough Rapid Transit Co.City of New York Municipal Court · 1908
- Wachser v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1910