Burton v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Motions in both cases by the respective plaintiffs, Lucinda Burton and Cora B. Heeren, for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance upon the denial of plaintiffs’ motions to go to the jury upon all the issues in the actions on a trial in March, 1911.
1Dissent
Thomas, J. (dissenting):
The question is whether there was such evidence of defendant’s neglect to protect the plaintiffs, its passengers, from an unwarranted assault or participation therein as to require submission of defendants liability to the jury. The seizure of two female passengers at Syracuse by two policemen was followed by holding them while the train proceeded to Utica, whence they were removed from the train and later returned to Syracuse, wjiere they were later released. The policemen acted pursuant to a message from police headquarters at Bochester to the effect that there were…
2Cases cited7 opinions
- Carter v. FulghamSupreme Court of Alabama · 1901
- McMannus v. LeeSupreme Court of Missouri · 1869
- Allred v. BraySupreme Court of Missouri · 1867
- Moir v. HopkinsIllinois Supreme Court · 1855
- Nickey v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1889
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