Caldwell v. Central Park, North & East River Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Charles H. Caldwell against the Central Park, North & East River Railroad Company to recover damages for the alleged wrongful ejection of plaintiff from defendant’s street car at South Ferry. From a judgment entered on a verdict in favor of plaintiff for $750, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtDaly, C. J.
Plaintiff says that, just as he was about to board a car of defendant at the South Ferry, the conductor accused him of being drunk, and shoved liim off with such violence that he fell, and sustained the injury to his wrist and arm for which he sues. A witness, O’Donnell, who says that he was 10 or 15 feet distant, corroborates the plaintiff as to the assault; and another witness, ■Gibbons, who was 30 feet away, saw the conductor shove the plaintiff off, saw the latter fall, and was told by the conductor that he put the man off because he was drunk. The conductor testified that the plaintiff…
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