Molloy v. New York Central & Hudson River Railroad
New York Court of Common Pleas
Appeal from a judgment of this court entered on the verdict of a jury, and from an order denying a motion for a new trial. In November, 1875, the plaintiff, then about thirteen years old, either attempted to board or succeeded in boarding a train moving over the defendant’s railway, in Eleventh Avenue.
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Appeal from a judgment of this court entered on the verdict of a jury, and from an order denying a motion for a new trial. In November, 1875, the plaintiff, then about thirteen years old, either attempted to board or succeeded in boarding a train moving over the defendant’s railway, in Eleventh Avenue. On the trial, the plaintiff testified he had hold of the car rail, with one foot on the step and the other just leaving the ground, when defendant’s brakeman kicked him in the chest, breaking his hold upon the rail, whereby he fell, and the car passed over his leg. The injury necessitated its…
1Opinion of the CourtBeach, J.
The principal legal contention of appellant’s counsel is settled adversely to his argument by the decision of the Court of Appeals in Hoffman v. The New York Central & Hudson River R. R. Co. (87 N. Y. 25). The removal of trespassers is there held to be within the implied authority of defendant’s servants, and an illegal removal while the train is in motion does not exonerate the defendant.
The plaintiff testified on the trial, that he was kicked by defendant’s brakeman, while holding to the car rail, with one foot upon the step. In a sworn statement made by him out of court, which he stated…
2Cases cited6 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
- Hoffman v. New York Central & Hudson River RailroadNew York Court of Appeals · 1881
- Shea v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kehr v. StaufNew York Court of Common Pleas · 1883
- O'Brien v. McManusNew York Court of Common Pleas · 1885
- Shultz v. Third Avenue RailroadNew York Court of Common Pleas · 1888
- Parker v. DaySuperior Court of Buffalo · 1895
- Parker v. DayThe Superior Court of the City of New York and Buffalo · 1895