Freedman 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 Kings on the 15th day of January, 1903, upon' the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 23d day of January, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
The plaintiff has had the verdict of the jury against the' defendant for a considerable sum as damages for an assault committed upon him by the conductor of one of the defendant’s street cars, while he was a passenger thereon. From the judgment entered upon the verdict and from an order denying defendant’s motion for .a new trial, defendant has appealed to this court.
The story of plaintiff’s witnesses, which the jury has believed, is that he and his wife, about midnight, boarded one of the defendant’s open cars at the corner of Pitt and Houston streets, in the *487borough of Manhattan,…
2Cases cited7 opinions
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Birchard v. BoothWisconsin Supreme Court · 1856
- Lee v. WoolseyNew York Supreme Court · 1822
- Goetz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Weber v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by2 opinions
- Decker v. WerbenecNew York Supreme Court · 1962
- Moore v. Crestwood Manor, Inc.Appellate Division of the Supreme Court of the State of New York · 1955