De Waltoff v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Third Avenue 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 26th 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 3d day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
We are of opinion that this judgment and order cannot stand. The plaintiff complained that while a passenger on the car of the defendant he was assaulted by a conductor. _ The defendant answered in general denial, and for a “second, further and'sep'arate defense” alleged that the plaintiff refused to pay his fare; that thereupon the conductor requested him to leave the car, and that upon refusal, the said conductor “then and there gently laid his hands npon the plaintiff and removed him from the said car, doing him no unnecessary violence, as he lawfully might do; that this act is…
2Cases cited5 opinions
- Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
- Young v. KatzAppellate Division of the Supreme Court of the State of New York · 1897
- Albro v. . FigueraNew York Court of Appeals · 1875
- Shrady v. ShradyAppellate Division of the Supreme Court of the State of New York · 1899
- Oakley v. OakleyNew York Supreme Court · 1893
3Cited by5 opinions
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- Lawyers' Title Ins. & Trust Co. v. KellyAppellate Terms of the Supreme Court of New York · 1912
- People v. TaurisanoAppellate Division of the Supreme Court of the State of New York · 1944