Dowd v. Albany Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Albany Railway,-from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of' the county of Albany on the 2d day of June, 1899, upon the verdict of a jury for $300, and also from an order entered in said clerk’s office on the 2d day of June, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
This is an appeal from a judgment rendered in the County Court of Albany county upon the verdict of a jury awarding plaintiff $300 damages.
The plaintiff boarded the street car of defendant carrying two rifles with bayonets attached and a valise. The conductor of the. car informed him he could not ride with those guns, and requested him to get off. Upon this request th.e plaintiff did not voluntarily act. Some minutes later the conductor again told plaintiff he must get off the car and.thereupon forced him off, taking him by the collar of his coat and pulling him. The plaintiff was…
2Cited by2 opinions
- O'Gorman v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Ray v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904