Stewart v. . Brooklyn and Crosstown R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 28, 1880, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover damages for injuries to plaintiff alleged to have resulted from a malicious and unjustifiable attack made upon him by one of defendant’s employes.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 28, 1880, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover damages for injuries to plaintiff alleged to have resulted from a malicious and unjustifiable attack made upon him by one of defendant’s employes. The defendant is a railroad corporation, owning and operating a street railroad • in the city of Brooklyn. The plaintiff was a passenger on one of the defendant’s horse cars, having no…
1Opinion of the CourtTracy, J.
As there was no conflict of evidence upon the trial, the only question to be determined is, whether upon the facts proved the plaintiff was entitled to recover? The defendant was a common carrier of passengers. The plaintiff had taken a seat in one of the defendant’s cars, to be conveyed from the western district of Brooklyn to the eastern district of the same city, and had paid his fare. Before reaching the point where he was to leave the car he was attacked by the driver of the car and cruelly beaten. The trial court dismissed the plaintiff’s complaint on the ground that the defendant’s…
2Cases cited10 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Dillingham v. RussellTexas Supreme Court · 1889
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
85 more not listed; retrieve them via the Exa API.