Mulligan v. New York & Rockaway Beach Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order-made May 11, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for an alleged unlawful arrest and imprisonment. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order-made May 11, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for an alleged unlawful arrest and imprisonment. The facts, so far as material, are stated in the opinion. The defendant is not liable for the agent’s mistaken view of his duty as a citizen. (Laws of 1888, chap. 583, §§ 20, 25 : Code Crim. Pro. § 83 .; Penal Code, § 223.) The plaintiff,…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered damages in this case mpon an allegation that he was unlawfully arrested and imprisoned by the defendant. The legal question involved relates to the responsibility of the defendant for the conduct -of a ticket agent under the following circumstances: On the 10th of July, 1888, the plaintiff and a companion went to the' ■defendant’s station at the corner of Atlantic avenue and Testa •street, Brooklyn, and procured from the ticket agent there two ■excursion tickets to Bockaway Beach. The plaintiff handed to the agent a new five dollar bill in payment for the tickets .and…
2Cases cited1 opinion
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
3Cited by24 opinions
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Markley v. SnowSupreme Court of Pennsylvania · 1904
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Adams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Mayfield v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910
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