Magagnos 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 15th day of January, 1908, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on the 11th day of January, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
An employe of the defendant arrested the plaintiff for shoving passengers as they were entering one of its cars, thereby causing a woman to be thrown down, as he charged. The magistrate discharged the plaintiff, and this is an action for damages for false arrest against the company only. The learned trial judge charged the jury that the case was not one for smart money damages against the company, but being requested by counsel for plaintiff he afterwards charged that if the defendant “ratified what had been done by their employe, then you may, if you think it is necessary, add…
2Cases cited3 opinions
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
- East v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by6 opinions
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Fury Imports, Inc., Cross v. Shakespeare Company, CrossCourt of Appeals for the Fifth Circuit · 1977
- Soucy v. Greyhound Corp.Appellate Division of the Supreme Court of the State of New York · 1967
- Hayes v. StateNew York Court of Claims · 1975
- Hall v. Consolidated Edison Corp.New York Supreme Court · 1980
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