Evins v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
‘Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 4th day of August, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the the 1st day of August, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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‘Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 4th day of August, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the the 1st day of August, 1899, denying the defendant’s motion for a new trial made upon the minutes. The jury rendered a verdict for $5,00.0 which the plaintiff stipulated to reduce to the sum of $3,000.
1Opinion of the Court
Willard Bartlett, J.:
The complaint sets out two causes of action — one for false imprisonment and the other for malicious prosecution.' The allegation of damage is the same- in respect to each cause of action, being in these words : “ That by reason of the acts of the defendant hereinbefore' complained of, this plaintiff was greatly injured in his health, credit and reputation, and was exposed to and suffered great pain both of body and mind, and was prevented from transacting and performing his necessary affairs and biisiness in the said time required to be transacted, and this plaintiff has…
2Cases cited5 opinions
- Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1876
- Swain v. . SchieffelinNew York Court of Appeals · 1892
- Squier v. GouldNew York Supreme Court · 1835
- Lewis v. WilliamsThe Superior Court of New York City · 1829
3Cited by2 opinions
- Cohen v. Eagle Pencil Co.Appellate Division of the Supreme Court of the State of New York · 1915
- O'Dell v. HatfieldNew York Supreme Court · 1903