Daniel v. Brooklyn Heights Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal dourt of the city of Hew York, borough of Manhattan, second district, dismissing the complaint on the ground that the action had 'abated by reason of the plaintiff’s death.
1Opinion of the CourtGebaed, J.
The- complaint alleges that the plaintiff became a passenger upon one of defendant’s cars and paid his fare; that in consideration of such fare the defendant promised and agreed to carry this plaintiff upon its cars and to treat him properly, carefully and with all respect due him as such lawful passenger and that while the plaintiff was such a passenger the defendant herein, through its agents, *483wrongfully, illegally and in violation of the terms of said contract, violently assaulted and struck the plaintiff and otherwise ill treated him and by reason of the premises he suffered humiliation,…
2Cases cited5 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
- Winnegar's Administrator v. Central Passenger Railway Co.Court of Appeals of Kentucky · 1887
- Daniel v. Brooklyn Heights RailroadNew York Supreme Court · 1910
3Cited by2 opinions
- Bernstein v. Queens County Jockey ClubAppellate Division of the Supreme Court of the State of New York · 1927
- Daniel v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1913