Hart v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from judgment upon verdict of a jury rendered in favor of the defendant by the justice of the Municipal Court of the city of New York for the eighth district. Action for personal injuries. , '
1Opinion of the CourtBischoff, P. J.
The defendant gave no evidence and the jury rendered a verdict in its favor upon the testimony presented on behalf of the plaintiff. Corroborated by two disinterested witnesses, the plaintiff’s testimony was that he boarded the front platform of the defendant’s car, while in motion, and was then seized by, the gripman and thrown from the moving car into the street. The case was submitted to the jury with the unequivocal instruction that the assault by the gripman, if not within the scope of his employment, was a matter for which the defendant was not liable, and that if the plaintiff had…
2Cited by2 opinions
- Hart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Hart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901