Meyer v. Second Avenue Railroad
The Superior Court of New York City
Appeal from a judgment recovered after a trial before Chief Justice Bosworth, and a Jury, in June, 1860. TMs was an action brought by the plaintiff, a lad under fourteen .years of age suing by Ms guardian, to recover from the defendant damages for injuries to his person.
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Appeal from a judgment recovered after a trial before Chief Justice Bosworth, and a Jury, in June, 1860. TMs was an action brought by the plaintiff, a lad under fourteen .years of age suing by Ms guardian, to recover from the defendant damages for injuries to his person. It appeared from the testimony, that he was riding upon the front platform of a city railroad car, belonging to- the defendant, and that he fell or was pushed by the driver from the platform, and the car ran over Ms feet. The testimony of the plaintiff, which was corroborated by witnesses called in his behalf, went to show…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
I am satisfied that the nonsuit cannot be sustained on the first ground on which it was granted. That ground was, that assuming the case to be as the plaintiff’s evidence, prima facie, *311established it, “ the driver forcibly and wantonly, and without any provocation, pushed the plaintiff off the car; and that such misconduct was not an act done in the course of his employment, and that defendant was not therefore liable.”
There is no pretense that it was not a part of the driver’s appointed and regular duty, to put a person off the platform of the car, who might be…
2Cited by4 opinions
- Shea v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1875
- Priest v. Hudson River RailroadThe Superior Court of New York City · 1870
- Priest v. Hudson River RailroadThe Superior Court of New York City · 1871
- Priest v. Hudson River RailroadThe Superior Court of New York City · 1870