Hamel v. Brooklyn & New York Ferry Co.
New York Supreme Court
Appeal from circuit court, Kings county. This was an action by James E. Hamel against the Brooklyn & PTew York Ferry Company, to recover damages for assault and battery, false imprisonment, and malicious prosecution.
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Appeal from circuit court, Kings county. This was an action by James E. Hamel against the Brooklyn & PTew York Ferry Company, to recover damages for assault and battery, false imprisonment, and malicious prosecution. The evidence was conflicting in all material respects, and the only facts not in dispute are that on the 10th of April, 1888, plaintiff and a companion, having paid their fare, attempted to pass through defendant’s ferry gate leading from the passenger entrance to the bridge and ferry-boat, but were resisted by defendant’s employé in charge of the gate, who was then in the act of…
1Opinion of the CourtPratt, J.
The testimony was conflicting, and the questions of fact were properly submitted to the jury. There is no such preponderance of evidence as to justify interfering with the verdict. The exceptions to defendant's requests to charge cannot be sustained. The gateman was an employé of defendant, and it was correctly charged that if he assaulted the plaintiff, and, assuming to act under the authority of defendant, and as a part of that transaction, called in a police officer, and had plaintiff arrested, the defendant was liable. Whether defendant authorized the arrest or prosecution was not…
2Cited by2 opinions
- Collins v. . ButlerNew York Court of Appeals · 1904
- Fortune v. TrainorNew York Supreme Court · 1892