Higgins v. Watervliet Turnpike & Railroad
New York Court of Appeals
Appeal from the judgment of the late General Term in the third judicial district, affirming the judgment entered upon a verdict at the Albany circuit, in favor of the plaintiff. On the 13th day of July, 1866, plaintiff was a passenger on defendent’s horse car in the city of Albany. He had paid his fare, and was forcibly thrown from the car by defendant’s conductor and driver, who claimed that he was drunk and disorderly.
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Appeal from the judgment of the late General Term in the third judicial district, affirming the judgment entered upon a verdict at the Albany circuit, in favor of the plaintiff. On the 13th day of July, 1866, plaintiff was a passenger on defendent’s horse car in the city of Albany. He had paid his fare, and was forcibly thrown from the car by defendant’s conductor and driver, who claimed that he was drunk and disorderly. He gave evidence tending to show this was not so, and the jury so found. The court charged the jury, “ that if the defendant used more force than was necessary, the company,…
1Opinion of the CourtAndrews, J.
Upon the theory that the act of the conductor, in removing the plaintiff from the car, was unlawful, and was hot justified by the circumstances, the court was requested by the counsel for the defendant, to charge the jury, that the plaintiff could not recover for any personal injuries occasioned by the assault of the conductor, there being no evidence of authority from the company to commit it.
Upon the other theory of the case, that the expulsion was justified by the conduct of the plaintiff, but that unnecessary force, occasioning injury, was used in ejecting him. The court charged, that the…
2Cases cited1 opinion
- Sanford v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1861
3Cited by74 opinions
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Carr v. Wm. C. Crowell Co.California Supreme Court · 1946
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
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