Ray v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Traction Company; from'a judgment of the County Court" of Albany "county in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 7th day of December, 1901, upon the verdict of a jury for $500, which amount was thereafter reduced to $200 upon the stipulation of the plaintiff pursuant to an order entered in said clerk’s office on the 7th day of December, 1901; also from an order entered in said clerk’s…
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Appeal by the defendant, the United Traction Company; from'a judgment of the County Court" of Albany "county in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 7th day of December, 1901, upon the verdict of a jury for $500, which amount was thereafter reduced to $200 upon the stipulation of the plaintiff pursuant to an order entered in said clerk’s office on the 7th day of December, 1901; also from an order entered in said clerk’s office on- the 16th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes, and also…
1Opinion of the Court
Parker, P. J.:
The complaint in this action charges that a conductor on one of the defendant’s cars .unlawfully threatened to eject the plaintiff therefrom, and did wrongfully and unlawfully beat and assault her, by reason whereof she was injured about her hand and was greatly bruised, etc., to her damage of $2,000, and she asked judgment against the defendant therefor. There is no averment in the complaint that she was actually put off the car or that she got off. The complaint is clearly one for assault and battery by the defendant’s agent and for nothing more.
*50The court charged the jury that…
2Cases cited2 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Dowd v. Albany RailwayAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Scheu v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906