Garricott v. . New York State Railways
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 19, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in its charge that defendant was guilty of an assault as matter of law.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 19, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in its charge that defendant was guilty of an assault as matter of law. (Commonwealth v. Power, 7 Metc. 596; Peck v. N. Y. C. & H. R. R. R. Co., 70 N. Y. 587; Bell v. N. Y. & Q. County Ry. Co., 96 App. Div. 594; Vedder v. Fellows, 20 N. Y. 126; Putnam v. B. & S. A. R. R. Co., 55 N. Y. 109; 2…
1Opinion of the CourtCollin, J.
The action is to recover damages for an assault. The transaction constituting the assault as proved by the plaintiff was: In October, 1913, a car of the defendant reached the factory of the Sauquoit Spinning Company at Capron, New York. Capron is about four miles from Utica, where the plaintiff resided. The car was a special car to leave Capron at five o’clock and fifty-five minutes in the afternoon for Utica and to be followed by the regular car, scheduled to leave Capron at six o’clock and two minutes. The spinning company employed about three hundred and fifty operatives, a large number of…
2Cases cited12 opinions
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
- Vedder v. . FellowsNew York Court of Appeals · 1859
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
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3Cited by5 opinions
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- Kessel v. Long Island RailroadNassau County District Court · 1981
- Campbell v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
- Supple v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Doe v. Uber Technologies, Inc.District Court, S.D. New York · 2021