Kearns v. New York & Queens County Railway Co.

According to his complaint and evidence, the plaintiff, having become a passenger upon, one of the defendant’s vehicles by boarding its car and paying the fare, was asked to pay again, and, upon refusal) addressed abusively and thrown from the car with violence by the company’s conductor. The learned justice denied a motion for dismissal because of want of jurisdiction in the court in an action for assault, treating the action as one based upon contract, and for damages to recover for personal injuries growing out of the defendant’s neglect to fulfill its duty of protection of its passengers;…