Legal Opinion

Daniel v. Brooklyn Heights Railroad

New York Supreme Court

Decided March 15, 1910PublishedCited by 2 opinions

Appeal by the plaintiff from a judgment of the Municipal Court -of the city of Hew Yorlc, second district, borough of Manhattan, rendered in -favor of the defendant.

1Opinion of the CourtLehman, J.

The plaintiff herein claims that he was -assaulted by a conductor of the defendant. He has brought an action in the Municipal Court against the defendant, not upon the theory of a tort action for assault -and battery, but for a breach of an alleged contract made by the defendant to carry the plaintiff safely. It appeared at the trial from the plaintiff’s testimony that he had paid his fare -on the defendant’s Flushing Avenue line and had received a transfer ticket from the conductor, valid on its face on a connecting line of the defendant only up to the hour of two p. m. He left the Flushing…

2Cases cited10 opinions

  1. Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
  2. Monnier v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
  3. Eddy v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Jenkins v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  5. Ray v. Cortland & Homer Traction Co.Appellate Division of the Supreme Court of the State of New York · 1897

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3Cited by2 opinions

  1. Daniel v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1912
  2. Kenney v. New York Railways Co.Appellate Terms of the Supreme Court of New York · 1915

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