Morris v. . Atlantic Ave. R.R. Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the City Court of Brooklyn, entered upon añ order made December 27, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was for an alleged assault and battery.
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Appeal from judgment of the G-eneral Term of the City Court of Brooklyn, entered upon añ order made December 27, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was for an alleged assault and battery. In March, 1886, the plaintiff took passage on one of defendant’s cars, and after having paid the usual fare of five cents and after riding some distance was forcibly ejected from the car by the conductor and driver, by which the plaintiff alleged that he sustained a personal injury. The alleged reason for putting him off was that the plaintiff had…
1Opinion of the CourtBradley, J.
The action was brought for an alleged assault and battery, committed upon the plaintiff by the servants of the defendant, in forcibly removing him from ■ one of its cars on which he had taken passage. The defendant relied, for justifi cation of the ejection of the plaintiff from the car, upon his alleged refusal to pay the additional fare required by the regulations of the company when a passenger takes into its car a package too large to be carried on the lap of the passenger without incommoding others; and it is claimed that the plaintiff had a package which brought him within the operation…
2Cases cited1 opinion
- Height v. . the PeopleNew York Court of Appeals · 1872
3Cited by5 opinions
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- Birmingham Railway Light & Power Co. v. McDonoughSupreme Court of Alabama · 1907
- Voltz v. WilsonNew York Supreme Court · 1889