Luhrs v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward Luhrs, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 23d day of March, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings.
1Opinion of the Court
Cullen, J.:
The plaintiff and his niece testified to an assault made by the conductor upon the plaintiff, who was a passenger on defendant’s car. For such an assault the defendant was liable. (Stewart v. Brooklyn & Cross Town R. R. Co., 90 N. Y. 588.) The conductor denied that he assaulted the plaintiff, and in this he is corroborated by several disinterested witnesses. There was, therefore, presented for determination a clear question of fact, upon the determination of which the rights of the parties depended. The respondent seeks to justify the action of the trial court in directing a…
2Cases cited4 opinions
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Bagley v. . BoweNew York Court of Appeals · 1887
- Bulger v. . RosaNew York Court of Appeals · 1890
- Colt v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1872
3Cited by12 opinions
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Post v. KerwinAppellate Division of the Supreme Court of the State of New York · 1912
- Kennedy v. McAllasterAppellate Division of the Supreme Court of the State of New York · 1898
- Northam v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
- Lyons v. ConnorAppellate Division of the Supreme Court of the State of New York · 1900
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