Hines v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dry Dock, East Broadway and Battery Railroad Company, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 14th day of March, 1902, upon the decision of the court.
1Opinion of the Court
Jenks, J.;
The appeal challenged only the jurisdiction of the Municipal Court, on the ground that the action is for an assault and is, therefore, prohibited by subdivision 2 of section 1364 of the Greater New York charter. I think that the judgment must be affirmed on the authority of Hart v. Met. St. Ry. Co. (65 App. Div. 493). The learned counsel for the appellant would discriminate the case at bar from the Heart case for the reason that the plaintiff furnished the bill of particulars. He contends that the bill must be considered and taken in place of' a verified complaint, and this being…
2Cases cited3 opinions
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Matthews v. . HubbardNew York Court of Appeals · 1872
- Hart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by10 opinions
- Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Pacific S. S. Co. v. SuttonCourt of Appeals for the Ninth Circuit · 1925
- Goldman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Samuels v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
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