East v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department, entered June 12, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. This action was brought to recover damages of the defendant for the false arrest and for the malicious prosecution of the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department, entered June 12, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. This action was brought to recover damages of the defendant for the false arrest and for the malicious prosecution of the plaintiff. Upon the trial it appeared by the testimony of the plaintiff, a lawyer, that he "was intending to return from Coney Island upon one of the defendant’s trains. The train had…
1Opinion of the Court
Gray, J.:
There is no ground upon which the dismissal of the plaintiff’s complaint could he justified, unless his arrest was authorized by the statute. If he, in boarding the train while in motion, had committed an act, which the law, as declared by some statute of the State, had made a punishable offense, then his arrest was justified and his cause of action failed. If that act, however, was not prohibited by law, then he was entitled to maintain his action and to have the issue determined by the jury. The defendant claims that section 426 of the Penal Code made the act of the- plaintiff a…
2Cited by12 opinions
- People Ex Rel. Hallock v. . HennessyNew York Court of Appeals · 1912
- Street v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1914
- Gerry v. VolgerAppellate Division of the Supreme Court of the State of New York · 1937
- Seltzer v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1955
- De Marco v. Paramount Ice Corp.New York Supreme Court · 1950
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