Monnier v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court iii the fourth judicial department, entered March 10, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court to deny the defendant’s motion for nonsuit at the close of all of the evidence in the case.
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Appeal from a judgment of the Appellate Division of the Supreme Court iii the fourth judicial department, entered March 10, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court to deny the defendant’s motion for nonsuit at the close of all of the evidence in the case. (Magee v. O. R. & N. Co., 46 Fed. Rep. 734; Pouilin v. C. P. Ry. Co., 52 Fed. Rep. 197; Harrison v. Fink, 42 Fed. Rep. 787; Townsend v. N. Y. C. & H.…
1Opinion of the CourtO’Brien, J.
The plaintiff has recovered damages for an assault and battery committed upon his person by one of the defendant’s conductors on the 16th day of November, 1900, when the plaintiff was in one of the defendant’s cars as a passenger from Oriskany to Utica. There is little, if any, dispute about the facts. It appears that on the day mentioned the plaintiff went to the defendant’s station at Oriskany to take passage upon the local train to Utica. The office for the sale of tickets located at the station was open for an hour before the departure of the train, but from five to ten minutes before the…
2Cases cited7 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
- Chicago, Burlington & Quincy R. R. v. GriffinIllinois Supreme Court · 1873
- Bradshaw v. South Boston RailroadMassachusetts Supreme Judicial Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Murphy v. . City of YonkersNew York Court of Appeals · 1914
- Shelton v. Erie RailroadSupreme Court of New Jersey · 1907
- Morrill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908
- Daniel v. Brooklyn Heights RailroadNew York Supreme Court · 1910
- Goldstein v. Metro-North Commuter RailroadAppellate Terms of the Supreme Court of New York · 1993
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