Reardon v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 27th day of April, 1916, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 5th day of May, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
De Angelis, J.:
The action is brought to recover damages for an assault and for false imprisonment. The two causes of action were not separately pleaded. The defense was a general denial and a justification of the imprisonment. The jury rendered a verdict in favor of the plaintiff for the sum of $1,.000. The theory upon which the recovery was based was that the assault was made by two of the defendant’s employees and the imprisonment was brought about by such employees in the performance of their duties and in the course of their employment.
The appellant argues that the evidence was…
2Cases cited4 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Tyson v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Pollack v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919