Arkin v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, tenth district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
The plaintiff, while a passenger on defendant's elevated railroad, was assaulted and thrown off the •car by the defendant’s guard. There is abundant evidence to sustain the finding of the jury in favor of the plaintiff, and the amount'of the damages is not excessive. The only question to be considered is the jurisdiction of the Municipal Court.
The Municipal Court has no jurisdiction over actions to recover damages for an assault and battery. Mun. Ct. Act, § 1, subd. 14. In the case at bar, the guard first wrongfully pushed the plaintiff into the car, then assaulted him, and then pushed him…
2Cases cited2 opinions
- Hart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Busch v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1905