Nicholson v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the pdaintiff, entered in the office of the clerk of the county of Kings on the 1st day of June, 190.6, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of June, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff has a judgment entered on the-verdict of a jury for damages consequent upon an alleged unlawful ejection from one-of the defendant’s cars; The defendant claims that the complaint should have been dismissed. The jury were at liberty to find from the plaintiff’s evidence that he entered a car on one of the detendrán t’s cross-town lines, paid his fare and demanded a transfer, which he noticed, upon receiving it, was so punched that the time limit indicated had already expired; that, upon calling this fact to the attention of the conductor and demanding another transfer,…
2Cases cited3 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Monnier v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Jenkins v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Goodman v. New York Railways Co.New York Supreme Court · 1914
- Morrill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908
- Daniel v. Brooklyn Heights RailroadNew York Supreme Court · 1910
- Daniel v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1910
- Kenney v. New York Railways Co.Appellate Terms of the Supreme Court of New York · 1915