Priest v. Hudson River Railroad
The Superior Court of New York City
Appeal from a judgment and order. Joseph S. Priest, the plaintiff, was about entering one of the defendants’ cars at Troy, when the brakeman stationed there to see that passengers had procured tickets before entering the car, demanded the plaintiff’s ticket. The plaintiff said he had had no time to procure one. Whereupon the brakeman seized the plaintiff, struck him, and thrust him from the car.
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Appeal from a judgment and order. Joseph S. Priest, the plaintiff, was about entering one of the defendants’ cars at Troy, when the brakeman stationed there to see that passengers had procured tickets before entering the car, demanded the plaintiff’s ticket. The plaintiff said he had had no time to procure one. Whereupon the brakeman seized the plaintiff, struck him, and thrust him from the car. The occurrence was in December, 1866. The action was commenced in April, 1869. The defendants set up the statute of limitations as a bar. The principal allegation in the complaint was, “that at the…
1Opinion of the Court
By the Court.*—Monell, J.
It was conceded on the argument, that if this was an action for an assault and battery, it was barred by the statute. Section 93 of the Code requires that actions for “libel, slander, assault and battery, or false imprisonment,” shall be commenced within two years. But it is claimed that the case of the plaintiff falls within the fifth subdivision of section 91, of “ any other injury to the person or rights of another not arising on contract, and not hereinafter enumerated.”
*62The allegations in the complaint are those of an assault' and battery, committed upon the…
2Cases cited3 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Jenison v. GravesIndiana Supreme Court · 1831
- Meyer v. Second Avenue RailroadThe Superior Court of New York City · 1861