Schwartzman v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isadore Schwartzman, an infant, by Joseph Schwartzman, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15tli. day of December, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of December, 1902, denying the plaintiff’s motion for a new trial made upon the minutes. .
1Opinion of the Court
Hirschberg, J.:
The disputed question of fact upon the trial was whether or not the conductor threw the plaintiff off the car. The plaintiff, then fourteen years of age, was conoededly a passenger on one of the defendant’s cars on the 14th day of July, 1901, and having arrived at a point where he was entitled to a transfer, demanded of the conductor that one be given him. The- conductor had used all the transfer tickets with which he had been provided, and was, of course, unable to comply with the request. There was evidence which would justify a finding by the jury either that the conductor…
2Cited by2 opinions
- Toohey v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Toohey v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905