Legal Opinion

Davids v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1905PublishedCited by 8 opinions

Appeal by the defendant, The Brooklyn Heights Railroad Company, from an order of the County Court of Kings county, bearing date the 3d day of November, 1904, and entered in the office of the clerk of the county'of Kings, vacating an execution theretofore issued against the person of the plaintiff, upon a judgment for costs,

1Opinion of the Court

Hirschberg, P. J.:

The action was brought in the County Court of; Kings county to . recover damages alleged to - have been suffered by the plaintiff as ' the result' of an assault upon Ms person: committed by one of the defendant’s Conductors while he was a, passenger on one' of its street cars. The trial resulted in a verdict in the defendant’s favqr,. and in default of property the plaintiff was arrested and imprisoned on an execution • against the. person" issued upon a judgment entered against him for the costs. The order appealed from sets the execution aside- upon the ground that such'…

2Cases cited2 opinions

  1. Miller & Becker v. ScherderNew York Court of Appeals · 1849
  2. Davids v. Brooklyn Heights Railroad, New York County Courts1904

3Cited by8 opinions

  1. Jewett v. PudloSupreme Court of Vermont · 1934
  2. Allen v. . FrommeNew York Court of Appeals · 1909
  3. Stidham v. DuboseSupreme Court of South Carolina · 1924
  4. Losaw v. SmithAppellate Division of the Supreme Court of the State of New York · 1905
  5. Drake v. VernonSouth Dakota Supreme Court · 1910

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