Hoffman v. New York Central Railroad
The Superior Court of New York City
Appeal from a judgment entered upon the verdict of a jury. The action was for damages for personal injuries occasioned to the plaintiff by being kicked off the defendant’s cars by the defendant’s servant. It has been three times tried. On the first trial, in April, 1877, the complaint was dismissed. (See 12 J. & S. 1.) On the second trial, in June, 1878, the jury disagreed.
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Appeal from a judgment entered upon the verdict of a jury. The action was for damages for personal injuries occasioned to the plaintiff by being kicked off the defendant’s cars by the defendant’s servant. It has been three times tried. On the first trial, in April, 1877, the complaint was dismissed. (See 12 J. & S. 1.) On the second trial, in June, 1878, the jury disagreed. On the last trial, the jury rendered a verdict for the plaintiff for $5,000. From the judgment entered thereon this appeal is taken. The facts were as follows: On January 21, 1869, the plaintiff, then a lad about eight…
1Opinion of the Court
By the Court.—Horace Russell, J.
At the close of the plaintiff’s testimony,'the defendants moved for a dismissal of the complaint, on the ground that it appeared that the act complained of by the plaintiff was not within the scope, of any authority of the defendant’s servant, but was his own unauthorized, willful and malicious act. The same point, substantially, was taken in a variety of forms at various stages of the trial. The judge charged the jury on this point as follows : “If you believe the plaintiff was kicked off the car by a servant of the defendants’, and that such act of such…
2Cases cited11 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Northwestern Railroad v. HackIllinois Supreme Court · 1872
- Dows v. RushNew York Supreme Court · 1858
- Read v. HurdNew York Supreme Court · 1831
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3Cited by1 opinion
- Meehan v. MorewoodNew York Supreme Court · 1889