Coleman v. New York & New Haven Railroad Co.
Massachusetts Supreme Judicial Court
Tobt for assault and battery of the plaintiff while ejecting him from a car on the defendants’ railroad at Stamford in the state of Connecticut.
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Tobt for assault and battery of the plaintiff while ejecting him from a car on the defendants’ railroad at Stamford in the state of Connecticut. Trial, and verdict for the plaintiff, with damages in the sum of $3450, in the superior court, before Pitman, J., who allowed the following bill of exceptions: “ There was evidence at the trial tending to show that the facto were as follows : The plaintiff at New York City offered at the gate in the defendants’ station-house a coupon-ticket, reading from New Haven to New York, and claimed to be allowed to ride on the cars from New York to New Haven…
1Opinion of the CourtChapman, C. J.
The plaintiff has no claim against the defendants as carriers, and they owed him no duty as such; for he was wrongfully in their car, and wrongfully refused to leave it when requested to do so, and when the conductor and his assistants undertook to remove him, as they had a right to do, he wrongfully resisted them. When they took hold of him, he had his arm under the arm of the seat, which was attached to the cushion; and as he was lifted out, the cushioned seat came with him. He admitted that he struck the men who put him out, and claimed a right to strike and struggle to any extent, in…
2Cases cited1 opinion
- Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
3Cited by19 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
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