Pierson v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Interborough Rapid Transit Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of January, 1918, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 10th day of January, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
Plaintiff was employed by defendant as a guard on its elevated railway. He had been on duty for several hours, finished his trip at the terminal, and was off duty on what is known as a “ swing ” of about two hours. His time was at his disposal for that period. He was in the company’s uniform and instead of leaving the train and the premises of the defendant he remained upon the same train when it started on its southerly trip. His purpose in taking the trip was to go to his dentist’s on Fifty-ninth street, but it was his intention to stop off the train at One Hundred and…
2Cases cited5 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Claim of De Voe v. New York State RailwaysNew York Court of Appeals · 1916
- Matter of Daly v. . Bates RobertsNew York Court of Appeals · 1918
- Claim of De Voe v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1915
- Claim of Kiernan v. Friestedt Underpinning Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by12 opinions
- Tallon v. . Interborough Rapid Transit Co.New York Court of Appeals · 1922
- Matter of Clark v. . VoorheesNew York Court of Appeals · 1921
- Martin v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- Schultz v. Champion Welding & Manufacturing Co.New York Court of Appeals · 1921
- Fireman's Fund Indemnity Co. v. Industrial Accident CommissionCalifornia Court of Appeal · 1932
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