Legal Opinion

Kastner v. Long Island Railroad

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

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by the defendant, The Long Island Railroad Company, from a judgment in each of the above-entitled actions in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 24th day of January, 1902, upon the verdict of á jury in each of said actions for $500, and also from an order in each action entered in said clerk’s office on the 21st day of February, 1902, denying the defendant’s motion for a new trial made Upon the minutes.

1Opinion of the Court

Willard Bartlett, J.:

In these two actions, which were tried together, the plaintiffs have recovered damages to the amount of $500 each against the Long Island Railroad Company for false imprisonment and malicious prosecution effected through the agency of a special officer in the service of the defendant, who caused the arrest .of the plaintiffs upon a charge of having stolen coal from the defendant’s premises. The arrest was made not upon the land of the Long Island Railroad Company, but at a point several blocks distant from the place where . the coal was alleged to have been stolen. In…

2Cases cited4 opinions

  1. Cosgrove v. . OgdenNew York Court of Appeals · 1872
  2. Muckle v. Rochester Railway Co.New York Supreme Court · 1894
  3. Grimes v. YoungAppellate Division of the Supreme Court of the State of New York · 1900
  4. Rowe v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by4 opinions

  1. Macauley v. Theodore B. Starr, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
  2. Pollack v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919
  3. Biniewski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1943
  4. Sharp v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904

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