Lang v. New York, L. E. & W. R.
New York Supreme Court
Appeal from circuit court, Kings county. Action by John Lang, Jr., against the New York, Lake Erie & Western Railroad Company, to recover damages for injuries to plaintiff alleged to have been caused by an assault made by defendant’s servant. From a judgment entered on an order dismissing the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtBrown, P. J.
The plaintiff, a boy of 11 years of age, while riding upon a coal train of the defendant, going from Bergen to Weehauken, fell off, and received the injuries complained of. The plaintiff’s testimony, however, was to the effect that one of the brakemen of the train threw coal at him, and as he was about to get off he was hit in the back of the neck by a large lump of coal thrown by the brakeman, and knocked from the car. The complaint was dismissed on the ground that the brakeman was not shown to have any express authority from the defendant to remove intruders from the train, and none could…
2Cases cited3 opinions
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Lang v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1889
3Cited by2 opinions
- Van Siclen v. Jamaica Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Scott v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898