Weber v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn, Queens County and Suburban Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of-Kings on the 24th day of March, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of March, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff, while a passenger on one of the defendant’s cars, was forcibly ejected therefrom- by the conductor. He had stepped to the rear platform to remonstrate with the conductor for what the plaintiff conceived to be his abusive treatment of another passenger. An altercation ensued between the plaintiff and the conductor, which resulted in the removal of the plaintiff from the car. The question in the present action is whether the assault involved in such removal was justifiable or not.
The appellant presents four points which we will consider in the order in which…
2Cases cited5 opinions
- New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Scott v. Central Park, North & East River Railway Co.New York Supreme Court · 1889
3Cited by8 opinions
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Mason v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1911
- Barad v. New York Rapid Transit Corp.City of New York Municipal Court · 1937
- Brockway v. MordentiNew York Supreme Court · 1951
- Freedman v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
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