Marks v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
The question presented is the sufficiency of the corporate defendant’s separate and complete defense. A second partial defense in mitigation of damages is also pleaded, which is not attacked.
The action is one for false imprisonment. Plaintiff’s complaint alleges that while a passenger on corporate defendant’s train, he was arrested and removed from the train at a town in West Virginia upon the direction of defendant’s conductor and a private detective in the defendant’s employ, and charged with *253being intoxicated in a public place. He asserts his innocence of the offense and the dismissal of…
2Cases cited13 opinions
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Snead v. . BonnoilNew York Court of Appeals · 1901
- McLoughlin v. New York Edison Co.New York Court of Appeals · 1929
- Fitzgerald v. LewisMassachusetts Supreme Judicial Court · 1895
- Johnson v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1918
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3Cited by6 opinions
- Salvador Caban v. United StatesCourt of Appeals for the Second Circuit · 1984
- People v. DrearesAppellate Division of the Supreme Court of the State of New York · 1961
- Blanchfield v. StateNew York Court of Claims · 1980
- In re RooneyNew York City Family Court · 1965
- Millea v. City of New YorkNew York Supreme Court · 1960
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