Gillespie v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 20, 1903, affirming a judgment in favor of defendant entered upon a verdict directed by the court in favor of plaintiff for nominal damages. On the twenty-sixth of December, 1900, the plaintiff, who was a practicing physician, boarded one of the defendant’s cars at the corner of Nostrand avenue and Fulton street at about 10 : 20 in the morning.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 20, 1903, affirming a judgment in favor of defendant entered upon a verdict directed by the court in favor of plaintiff for nominal damages. On the twenty-sixth of December, 1900, the plaintiff, who was a practicing physician, boarded one of the defendant’s cars at the corner of Nostrand avenue and Fulton street at about 10 : 20 in the morning. As to what thereafter occurred, the plaintiff testified: “ I know who the conductor was on that car, Conductor "Wright. He came to…
1Opinion of the CourtMartin, J.
The principal and practically the only question involved upon this appeal is whether the plaintiff was entitled to recover for the tort or breach of contract proved, an amount in excess of the sum she actually overpaid the defendant’s conductor. Confessedly the plaintiff was a passenger on the defendant’s car and entitled to be carried over its road. That at the time of this occurrence the relation of carrier and passenger existed between the defendant and the plaintiff is not denied. The latter gave the conductor a quarter of a dollar from which to take her fare, he received it, but did not…
2Cases cited33 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
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3Cited by74 opinions
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Weiner v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1982
- Sheely v. MRI Radiology Network, P.A.Court of Appeals for the Eleventh Circuit · 2007
- Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
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