Busch v. Interborough Rapid Transit Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 6, 1906, upon an order reversing a determination of the Appellate Term which reversed a judgment in favor of plaintiff entered upon a decision of the Municipal Court of the city of Rew York. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtHiscock, J.
This action was brought to recover damages for defendant’s failure to properly transport plaintiff over its road in the city of Yew York. The real, substantial element of damages is an alleged assault upon and maltreatment of plaintiff by one of defendant’s employees after the former had passed through the gateway on to the platform of one of defendant’s stations for the purpose of taking a train, and the sole question is whether the action is one of contract or of tort. This inquiry is of controlling importance, since the Municipal Court where the cause originated had jurisdiction of an…
2Cases cited7 opinions
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Hart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
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3Cited by58 opinions
- Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- MacDonald v. ClingerAppellate Division of the Supreme Court of the State of New York · 1982
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Boyce v. . Greeley Square Hotel Co.New York Court of Appeals · 1920
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