Zeccardi v. . Yonkers R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 15, 1906, reversing a judgment in favor of defendant, entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. As a matter of law, the plaintiff Zeccardi terminated his contract relation as a passenger when he left the street car.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 15, 1906, reversing a judgment in favor of defendant, entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. As a matter of law, the plaintiff Zeccardi terminated his contract relation as a passenger when he left the street car. (Platt v. F. S. St., etc., R. Co., 4 T. & C. 406; 2 Hun, 124; McKay v. Hudson River Line, 56 App. Div. 201; Reilly v. N. Y.…
1Per curiam
The plaintiff was a passenger on the defendant’s car. The conductor became involved in an altercation with another passenger, a friend of the plaintiff’s, about the payment of fare. That passenger was ejected from the car, and he and the conductor were engaged in a light outside of the car upon the ground, the car being stopped at the time. The plaintiff testified : “ The conductor and the other fellow were in the crowd. I did not know what the quarrel was for. When the car stopped I went over to separate the light. Before I could reach those two men the motorman took hold of me and knocked…
2Cases cited2 opinions
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Parsons v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
3Cited by10 opinions
- Adams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Hall v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1921
- Baltimore & Ohio Southwestern Railroad v. DavisIndiana Court of Appeals · 1909
- Moffit v. Grand Rapids Railway Co.Michigan Supreme Court · 1924
- Gold v. Swiss Air Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1969
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