Barry v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Barry, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 25th day of May, 1899, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Rumsey, J.:
At the opening of the trial the plaintiff elected to proceed for malicious prosecution, and not for false imprisonment. At the close of the plaintiff’s case the court dismissed the complaint upon the ground that the arrest was illegal, and that the conductor who asked the officer to make it was not acting within his authority, and also for the reason that the proof did not establish facts necessary to make out a case of malicious prosecution.
The plaintiff’s testimony was to the effect that on the 3d of June, 1898, he took passage on a car belonging to the defendant, and to pay his…
2Cases cited2 opinions
- Murphy v. MartinWisconsin Supreme Court · 1883
- Brown v. ChadseyNew York Supreme Court · 1863
3Cited by12 opinions
- Al Raschid v. News Syndicate Co.New York Court of Appeals · 1934
- Mitchell v. HomeDistrict Court, S.D. New York · 2005
- McClellan v. New York City Transit AuthorityCivil Court of the City of New York · 1981
- Raschid v. News Syndicate Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Graves v. RudmanAppellate Division of the Supreme Court of the State of New York · 1932
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