Hamel v. Brooklyn & New York Ferry Co.
New York Supreme Court
Action brought to recover for an alleged assault and battery, false imprisonment and malicious prosecution. Plaintiff and a companion after paying their fare attempted to pass through defendant’s ferry gate leading from the passenger entrance to the bridge and. ferry boat, but an employee of defendant, who was in charge of the gate, was in the act of closing it, as the whistle had given warning that the ferry-boat was about to start.
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Action brought to recover for an alleged assault and battery, false imprisonment and malicious prosecution. Plaintiff and a companion after paying their fare attempted to pass through defendant’s ferry gate leading from the passenger entrance to the bridge and. ferry boat, but an employee of defendant, who was in charge of the gate, was in the act of closing it, as the whistle had given warning that the ferry-boat was about to start. A quarrel arose between them and plaintiff claimed that the gate-keeper assaulted and beat him. During the altercation plaintiff was arrested by a policeman, and…
1Opinion of the CourtPratt, J.
—The testimony was conflicting, and the questions of facts were properly submitted to the jury.
There is no such preponderance of evidence as to justify interfering with the verdict.
The exceptions to defendants’ requests to charge, cannot be sustained. The gateman was an employee of defendant, and it was correctly charged that if he assaulted the plaintiff,, and, assuming to act under the authority of defendants and as a part of that transaction, called in a police officer and had plaintiff arrested, the defendants were liable.
Whether defendants authorized the arrest or prosecution was not…
2Cases cited29 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
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