Mills v. Erie Railroad
New York Supreme Court
These are cross-appeals, one by the plaintiff from so much of a judgment of the City Court of the city of Mew York as adjudges that the complaint be dismissed as against the defendant Erie Railroad Company, and the other by the defendant Frank H. Rice from so much of the same judgment, entered upon the verdict of a jury, as adjudges that the plaintiff recover of the said defendant the sum of $796.23, damages and costs, and. from an order denying such defendant’s motion for a…
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These are cross-appeals, one by the plaintiff from so much of a judgment of the City Court of the city of Mew York as adjudges that the complaint be dismissed as against the defendant Erie Railroad Company, and the other by the defendant Frank H. Rice from so much of the same judgment, entered upon the verdict of a jury, as adjudges that the plaintiff recover of the said defendant the sum of $796.23, damages and costs, and. from an order denying such defendant’s motion for a new trial.
1Opinion of the CourtGiegerich, J.
The action is to recover damages for an alleged malicious prosecution.
The answer of each of the defendants was a specific denial of most of the essential allegations of the complaint.
In October, 1904, when the occurrences out of which this action arose took place, the defendant Rice was a ticket agent of the defendant Erie Railroad Company at its office in the ferry-house at the foot of Chambers street, in the borough of Manhattan. About October eighteenth of that year two excursion tickets to Lackawaxen, Penn., were missing from the ticket case, which he suspected had been stolen, because…
2Cases cited7 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
- People v. . WeldonNew York Court of Appeals · 1888
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
- Tyson v. Joseph H. Bauland Co.New York Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cantor v. Pennsylvania RailroadCity of New York Municipal Court · 1934