Rein v. Brooklyn Heights Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, fifth district, borough of Manhattan.
1Opinion of the CourtDugro, J.
The gravamen of the cause of action set forth in the complaint is an alleged assault made by the defendant, and so the action is for assault, and under the statute the Municipal Court is without jurisdiction. Mun. Ct. Act, § 1; Fister v. Metropolitan St. R. Co., 30 Misc. Rep. 430. It does not appear, in Hart v. Metropolitan St. R. Co., 34 Misc. Rep. 522, that the attention of the appellate court was called to the question of jurisdiction. At the trial there was evidence that plaintiff, while a passenger on defendant’s car, was assaulted by defendant’s conductor. A complaint could have been…
2Cases cited3 opinions
- Hawkes v. BurkeAppellate Terms of the Supreme Court of New York · 1901
- Shirtcliffe v. WallAppellate Division of the Supreme Court of the State of New York · 1902
- Fister v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1900
3Cited by6 opinions
- Busch v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Alexander v. HarkinNew York Supreme Court · 1907
- Gombert v. SchaneAppellate Terms of the Supreme Court of New York · 1915
- Grainsky v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1906
- O'Connell v. Josber Building Corp.City of New York Municipal Court · 1938
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