Jacobs v. Third Avenue Railroad
Appellate Terms of the Supreme Court of New York
Appeal from an affirmance by General Term of the City Court of the city of Hew York, of a judgment entered upon a verdict in favor of the plaintiff.
1Opinion of the CourtBischoff, P. J.
The action is for assault, founded upon the act of a conductor in the employ of the defendant in causing the plaintiff to be ejected from one of its street cars on Third avenue. Damages were claimed, also, for an arrest, alleged to have been incidental to the ejection, but the accepted theory of the case is that no unnecessary force was used, there being no ground for holding that the arrest was unlawful, the cause of action depends upon the question whether the plaintiff was or was not excused from paying his fare upon his tender of a transfer ticket which had been issued to him by an…
2Cases cited6 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
- Eddy v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Ray v. Cortland & Homer Traction Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Milnor v. New York & New Haven RailroadNew York Court of Common Pleas · 1873
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