Burritt v. Koster, Bial & Co.
New York Court of Common Pleas
Appeal from special term. Action by Chester C. Burritt against Koster, Bial & Co., a corporation, to recover damages for an alleged assault and battery. From an order denying a motion for an examination of defendant as a party before trial, plaintiff appeals. Affirmed.
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Appeal from special term. Action by Chester C. Burritt against Koster, Bial & Co., a corporation, to recover damages for an alleged assault and battery. From an order denying a motion for an examination of defendant as a party before trial, plaintiff appeals. Affirmed. The complaint alleged that plaintiff bought a ticket to defendant’s theater or music hall, and thereupon lawfully entered the same; that while he was lawfully in said theater or music hall he endeavored to serve on an usher therein a subpoena requiring said usher to appear and testify as • a witness in an action, and that,…
1Opinion of the Court
PÉR CURIAM.
We suspended the decision to which we inclined on the argument that we might consider the authorities to which counsel for the appellant earnestly entreated our attention. We have examined those authorities, and we find them of no effect in modifying our impression of the propriety of the order in question. The decision of the learned judge at special term is firmly supported by the reasons upon which he grounds it-, and is vindicated by conclusive authority. Britton v. MacDonald, 3 Misc. Rep. 514, 23 N. Y. Supp. 350. While we have every disposition to assist the appellant in his…
2Cases cited1 opinion
- Britton v. MacdonaldNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Hillis v. FergusonNew York Supreme Court · 1915