Cagney v. Manhattan Railway Co.
City of New York Municipal Court
Appeal from trial term. Action by Timothy J. Cagney against the Manhattan Bailway Company, for wrongfully refusing to allow him to ride on its road. Verdict and judgment at trial term for plaintiff, and damages assessed at $500. Defendant appeals.
1Opinion of the CourtPitshke, J.
The plaintiff, late in the evening, purchased a ticket for a passage on the Manhattan Elevated Bail way. This ticket, he swore, he deposited in the canceling box, and then stood on the station platform, awaiting the arrival of a train to take him to his home, uptown. The suit is for damages for an aggravated breach of the defendant’s duty, as a passenger carrier, *411to carry him to his destination, with safety and protection to plaintiff from injury by any of its servants, in that said breach was accompanied by an unwarranted assault, the plaintiff’s fare having been duly paid for his passage.…
2Cases cited9 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Mali v. . LordNew York Court of Appeals · 1868
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
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3Cited by1 opinion
- Mallach v. RidleyNew York Supreme Court · 1888