Wachser v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Mew York, borough of Manhattan, second district, entered in favor of the defendant after a trial by the court without a jury.
1Opinion of the CourtPage, J.
This action was brought by .a passenger on the ' defendant’s railroad to recover damages for breach of the contract of carriage. The plaintiff, having paid his fare, boarded defendant’s train at Eighty-fourth street and seated himself in one of the “ cross seats ” in the middle of the ear. Seated opposite to him was a large, powerful man in an intoxicated condition. This man resented, apparently, plaintiff’s looking at him and inquired what he was looking at; to which plaintiff making no reply, he applied to plaintiff grossly vile and insulting epithets, in so loud a tone as to be heard and…
2Cases cited4 opinions
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Magar v. . HammondNew York Court of Appeals · 1902
- Koch v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Mcmahon v. Interborough Rapid Transit Co.City of New York Municipal Court · 1908
3Cited by2 opinions
- Terrell v. Key SystemCalifornia Court of Appeal · 1945
- Emily German-Bey v. National Railroad Passenger Corporation and Richmond, Fredericksburg and Potomac Railroad CompanyCourt of Appeals for the Second Circuit · 1983