Daniel v. Brooklyn Heights Railroad
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Benjamin Daniel against the Brooklyn Heights Railroad Company. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtLehman, J.
The plaintiff herein claims that he was assaulted by a conductor of the defendant. He has brought an action in the Mu*578nicipal Court against the defendant, not upon the theory of a tort action for assault and battery, but for a breach of an alleged contract made.by the defendant to carry the plaintiff safely. It appeared at the trial from the plaintiff’s testimony that he had paid his fare on the defendant’s Flushing Avenue line, and had received a transfer ticket from the conductor valid on its face on a connecting line of the defendant only up to the hour of 2 p. m. He left the Flushing…
2Cases cited13 opinions
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Busch v. Interborough Rapid Transit Co.New York Court of Appeals · 1907
- Monnier v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Eddy v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Jenkins v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Daniel v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1913