Fennelly v. Schenectady Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Schenectady Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 1st day of December, 1921, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 16th day of December, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hinman, J.:
This action is brought to recover damages for personal injuries alleged to have been inflicted on the plaintiff while being ejected from a car of the defendant on its Albany-Schenectady line by the defendant’s employees on the evening of May 19, 1917. The defense of the defendant was that the plaintiff was put off the car for non-payment of fare; that no more force was used than was reasonably necessary, and that the plaintiff suffered no injury whatsoever.
The plaintiff by his own testimony and that of his physician, Dr. Beilin, sought to prove that he was severely injured in that…
2Cases cited3 opinions
- Capron v. . DouglassNew York Court of Appeals · 1908
- Griffiths v. Metropolitan Street Railway Co.New York Court of Appeals · 1902
- Dewey v. Cohoes & Lansingburgh Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Hudman v. StateCourt of Criminal Appeals of Oklahoma · 1949