Rowe v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of November, 1901, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 2d day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff complained of an assault, of a false imprisonment and of a malicious prosecution. The learned trial court dismissed the last two causes named, but submitted that for assault to the jury, which found a verdict for $1,000 for the plaintiff. The version of the plaintiff, who, at the time, was an employee of the defendant and was clad in its uniform, which he owned, is that while off duty he boarded an open car tif the defendant, seated himself on the front seat and paid his fare, and that, upon his refusal to leave the front seat and take a place in some other part of the…
2Cases cited6 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
- Vedder v. . FellowsNew York Court of Appeals · 1859
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3Cited by6 opinions
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Kastner v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Pollack v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Kastner v. Long Island R.Appellate Division of the Supreme Court of the State of New York · 1902
- Rowe v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.