Rozen v. Dry-Dock, East Broadway & Battery Railroad
New York Court of Common Pleas
Appeal from fifth district court. Action by Harry Bozen against the Dry-Dock, East Broadway &" Battery Bailroad Company to recover money deposited for plaintiff’s faithful performance of his duties at the time of entering defendant’s service as a conductor of one c-f its street cars. From a judgment in favor of plaintiff entered on the verdict of the jury, defendant appeals. Beversed.
1Opinion of the CourtBischoff, J.
This action was brought by plaintiff, a conductor of one cf defendant’s street-railroad cars, to recover the sum of $50, concededly deposited by him with defendant as security for the faithful performance of his services and the payment of all money» which should come into his hands to defendant’s use. The contract of employment was in writing, executed by plaintiff, and, among other things, provided:
“(G) As it is understood that defalcations in the payment of moneys collected for fares can generally only be detected by means of persons from time to time employed by the company to act as…
2Cases cited7 opinions
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
- Hill v. Syracuse,Binghamton & New York RailroadNew York Court of Appeals · 1878
- Schmieder v. KingsleyNew York Court of Common Pleas · 1893
- Birdsall v. Twenty-Third Street Railway Co.New York Court of Common Pleas · 1879
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3Cited by2 opinions
- Bodenstein v. SingerNew York Supreme Court · 1925
- Salzer v. Sheffield Farms Slawson Decker Co.Appellate Terms of the Supreme Court of New York · 1909