Tyson v. Joseph H. Bauland 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 21, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 21, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court having charged that O’Reilly made the arrest in his capacity as a police officer the exception was well taken to the refusal then to cl large that the defendant was not liable for the acts of O’Reilly, there being no evidence of the relation between them of…
1Opinion of the Court
Cullen, Ch. J.
This action ivas brought against the appellant and a special police officer, Thomas O’Reilly, for damages for false imprisonment. The appellant conducted a large department store or shop in the city of Brooklyn. In August, 1898, a Mrs. Margaret Gillin, a customer at the store, while examining goods exposed for sale, left her satchel containing the sum of twenty-five dollars in money with other articles on a counter or table in the shop. While her attention was diverted from her satchel it was carried off. After stating her loss she was told by a clerk of appellant to go to the…
2Cases cited4 opinions
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
- Bunnell v. . SternNew York Court of Appeals · 1890
- Tyson v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by18 opinions
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- McKain v. Baltimore & Ohio R. R. Co.West Virginia Supreme Court · 1909
- Kusnir v. Pressed Steel Car Co.District Court, S.D. New York · 1912
- Neallus v. Hutchinson Amusement Co.Supreme Judicial Court of Maine · 1927
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