Busch v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emanuel A. Busch, from an order of the Appellate Term of the Supreme Court, entered on the 15th day .of May, 1905, reversing a judgment of the Municipal Court of the city of New York in favor of the plaintiff; entered in. the office of the clerk of said court on the 2d-day .of February, 1905,. upon the verdict of. a jury'and dismissing the plaintiff’s complaint.
1Opinion of the Court
McLaughlin, J.:
The plaintiff brought an action in the Municipal Court of the city of New York to recover $500, the damages alleged to have been sustained by him. The facts entitling him to such damages, as set out in his complaint, were that the defendant is a corporation engaged in transporting passengers for hire.in such city; that he became a passenger of the defendant for the purpose of being, car-' ried on one of its cars to a certain destination; that he paid the fare required,-in consideration of which defendant agreed to safely Carry, him to, such, destination and to treat him…
2Cases cited10 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Gordon v. Grand Street & Newtown Rail RoadNew York Supreme Court · 1863
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3Cited by5 opinions
- Cohen v. Varig AirlinesAppellate Division of the Supreme Court of the State of New York · 1978
- Cohen v. Varig Airlines, S.A. Empresa De Viacao Aerea Rio GrandenseCivil Court of the City of New York · 1975
- Brown v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1907
- Levine v. KaufmanCity of New York Municipal Court · 1915
- Grainsky v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1906