Daniel v. Brooklyn Heights Railroad
New York Supreme Court
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
- Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
- Monnier v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Eddy v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Jenkins v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- 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
- Daniel v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1912
- Kenney v. New York Railways Co.Appellate Terms of the Supreme Court of New York · 1915