Supple v. International Railway Co.

Sears, J.:

The plaintiff seeks to recover damages against the defendant, which operates a street railway, for an assault upon him committed by a motorman in defendant’s employ. Liability is dependent upon the relation of carrier and passenger existing between the defendant and plaintiff at the time of the assault. (Stewart v. Brooklyn & Crosstown R. R. Co., 90 N. Y. 588.)

Although it is true that the plaintiff in testifying gave different versions of the details of the transaction, it remained a question for the jury to determine which version was correct. (Ochs v. Woods, 221 N. Y. 335.)

There…