Connell v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Yew York, Ontario and Western Railway Company, from an order of the Supreme Court, made at the Orange Trial Term and entered in the office of the clerk of the county of- Orange on the 2d day of March, 1909, amending the complaint, and also from an order entered in said clerk’s office on the 20th day of March, 1909 (resettled by an order entered on the 23d day of April, 1909), resettling the first above-mentioned order, the effect of which is to…
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Appeal by the defendant, the Yew York, Ontario and Western Railway Company, from an order of the Supreme Court, made at the Orange Trial Term and entered in the office of the clerk of the county of- Orange on the 2d day of March, 1909, amending the complaint, and also from an order entered in said clerk’s office on the 20th day of March, 1909 (resettled by an order entered on the 23d day of April, 1909), resettling the first above-mentioned order, the effect of which is to deny the defendant’s motion to strike out parts thereof and change the form of its recitals.
1Opinion of the Court
Rich, J.:
The defendant is a common carrier of passengers. The complaint alleges that on August 1, 1906, the plaintiff purchased a ticket at Parksville, N. Y, entitling her to passage upon defendant’s cars to the city of Yew York; that while she was a passenger and lawfully upon one of such cars, enroute to her destination, the train stopped at the station of Middletown, where, without cause or fault on her part, the defendant maliciously and violently assaulted and ejected her and her baggage from the car and train, dragged and pulled her across the platform at said station, and *233forcibly…
2Cited by2 opinions
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- In re Checking Account Overdraft LitigationDistrict Court, S.D. Florida · 2015