Montgomery v. . Buffalo Railway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 8, 1898, and from a judgment entered thereon, which reversed a judgment in favor of plaintiff entered upon a verdict, and an. order denying a motion for a new trial and granted a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 8, 1898, and from a judgment entered thereon, which reversed a judgment in favor of plaintiff entered upon a verdict, and an. order denying a motion for a new trial and granted a new trial. This action was brought by the plaintiff against the defendant, a street railway company, to recover damages for an assault and battery, alleged to have been committed upon him by a conductor in forcibly expelling him from a car. He had paid his fare, upon entering one of the defendant’s…
1Opinion of the CourtGray, J.
The company not only had the right, but it was bound, to make rules and regulation to insure the safe, effective and comfortable operation of its corporate business and whether any particular rule is lawful and reasonable is a question of law for the court. The appellant concedes that the rule of the company was a reasonable one and thus the question is whether, because it was enforced by the conductor, in the expulsion of the plaintiff from the car upon his refusal to submit to it, the company can now be made answerable in damages by reason of the conductor’s action. The proposition would…
2Cases cited3 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Barker v. Central Park, North & East River RailroadNew York Court of Appeals · 1896
- Pease v. . D., L. W.R.R. Co.New York Court of Appeals · 1886
3Cited by13 opinions
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Tompkins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Pullman Car Co. v. KraussSupreme Court of Alabama · 1906
- Garricott v. . New York State RailwaysNew York Court of Appeals · 1918
- Hanley v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
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