Monnier v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River 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 Oneida on the -5th day of September, 1901, upon the verdict of a jury for $1,000, which was reduced to $500, and also from an order entered' in said clerk’s office on the 5th day of September, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
This action is assault and .battery to recover for injuries claimed to have been inflicted upon the plaintiff by reason of- his forcible and improper ejection from a passenger train of the defendant by its conductor in charge of the train and upon which, the plaintiff was riding as a passenger. On the morning of November 16, 1900, the plaintiff went to the station of .the defendant at Oriskany for the purpose of taking the train for Utica and which was scheduled to leave at nine-one. He reached the station from eight to ten minutes before the arrival of the train and applied at the…
2Cases cited12 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
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3Cited by1 opinion
- Chicago Union Traction Co. v. McCleveyAppellate Court of Illinois · 1906