Legal Opinion

Palmeri v. Manhattan Railway Co.

New York Court of Appeals

Decided May 3, 1892PublishedCited by 63 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 11, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for unlawful' imprisonment accompanied with slanderous words. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 11, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for unlawful' imprisonment accompanied with slanderous words. The facts, so far as material, are stated in the opinion. Defendant was not liable for the torts of Dayton by virtue of the maxim, respondeat superior, because Dayton was acting outside the scope of his-employment, in doing…

1Opinion of the CourtGray, J.

Quite recently we had occasion to consider a case where the ticket agent of a railroad company directed the arrest, by police officers, of a person in the railroad station, whom he suspected of being a counterfeiter, and the company Was, thereafter, sued for false imprisonment. In that case the facts were, briefly stated, that the ticket agent had been notified by the police authorities to watch for men of a certain description, suspected of passing counterfeit bills. Upon a certain occasion two men came into the station and one of them tendered a bill in payment for tickets. The agent…

2Cases cited4 opinions

  1. Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
  2. Mali v. . LordNew York Court of Appeals · 1868
  3. Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
  4. Mulligan v. New York & Rockaway Beach Railway Co.New York Court of Appeals · 1892

3Cited by63 opinions

  1. Outley v. City of New YorkCourt of Appeals for the Second Circuit · 1988
  2. De Wolf v. . FordNew York Court of Appeals · 1908
  3. Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
  4. Sawyer v. RailroadSupreme Court of North Carolina · 1906
  5. Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931

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