Shea v. . Sixth Avenue R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, for the city and county of New York, affirming a judgment in favor of plaintiff, enterred upon an assessment of damages by a sheriff’s jury. The action was brought to recover damages for personal injuries. The complaint alleged, in substance, the incorporation of defendant, and that it was a common carrier of passengers in the city of New York, running cars on the streets for that purpose.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas, for the city and county of New York, affirming a judgment in favor of plaintiff, enterred upon an assessment of damages by a sheriff’s jury. The action was brought to recover damages for personal injuries. The complaint alleged, in substance, the incorporation of defendant, and that it was a common carrier of passengers in the city of New York, running cars on the streets for that purpose. That on the 13th March,-1873, one of its cars was standing at the corner of Barclay and Church streets, in said city, in such a…
1Opinion of the CourtMiller, J.
The plaintiff’s complaint alleges that one of the cars of the defendant was standing at the corner of Barclay and Church streets in New York city, in such a position as to block up the passage across Church street. That the plaintiff being desirous of crossing said street, stepped upon the front platform of said car, for the purpose of passing over the same. That thereupon the driver of said car who was the servant and agent and then in the employment of the defendant, forcibly, willfully, and violently seized the plaintiff, threw her from the said car upon the highway, in consequence of…
2Cases cited3 opinions
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
- Meyer v. Second Avenue RailroadThe Superior Court of New York City · 1861
3Cited by13 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Osipoff v. City of New YorkNew York Court of Appeals · 1941
- Carter v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1882
- Moore v. Atchison, T. & S. F. Ry. CoSupreme Court of Oklahoma · 1910
8 more not listed; retrieve them via the Exa API.