Kastner v. Long Island R.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Queens county. Two separate actions by John Kastner and by Joseph Kastner, both infants, by Frederick Kastner, their guardian ad litem, against the Long Island Railroad Company. From judgments for plaintiffs, and from orders denying new trials, defendant appeals. Reversed.
1Opinion of the CourtWillard Bartlett, J.
In these two actions, which were tried together, the plaintiffs have recovered damages to the amount of $500 each against the Long Island Railroad Company for false imprisonment and malicious prosecution effected through the agency of a special officer in the service of the defendant, who caused the arrest of the plaintiffs upon a charge of having stolen coal from the defendant’s premises. The arrest was made, not upon the land of the Long Island Railroad Company, but at a point several blocks distant from the place where the coal was alleged to have been stolen. In behalf of the appellant it…
2Cases cited4 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
- Grimes v. YoungAppellate Division of the Supreme Court of the State of New York · 1900
- Rowe v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902