Brokaw v. New Jersey Railroad & Transportation Co.
Supreme Court of New Jersey
In trespass. Demurrer to declaration. The plaintiff declared against the defendant for removing and ejecting him, with force and arms, &c., out of one of the ears of the said railroad company, while he was traveling in said car, on the road of said company, and thereby bruised and wounded him, to his great damage, &c. To this declaration the defendants put in a general demurrer, which was argued before the Chief Justice, and Justices Vredenburgh, Woodhull, and Depue.
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The declaration in this case charges that the New Jersey Railroad and Transportation Company, by their servants and William Campbell, the other defendant, with force and arms, assaulted the plaintiff, and ejected and expelled hitn from a certain car in which he was riding, on the New Jersey railroad, and wounded, bruised, and ill-treated him.
To this declaration the defendants have filed a general demurrer, and upon the argument two questions were raised s First. Whether an action of trespass, for an assault and battery, can be maintained…
2Cases cited5 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852
- Evansville & Crawfordsville Railroad v. BaumIndiana Supreme Court · 1866
- New York & New Haven Rail Road v. SchuylerNew York Supreme Court · 1860
3Cited by1 opinion
- Printing Mart-Morristown v. Sharp Electronics Corp.Supreme Court of New Jersey · 1989