Appellate Division of the Supreme Court of New York, 1932

Kennedy v. Central Railroad

Appellate Division of the Supreme Court of New York · Decided October 28, 1932

236 A.D. 478; 260 N.Y.S. 839; 1932 N.Y. App. Div. LEXIS 6007

Counsel

John J. McElhinny of counsel [Charles E. Miller, attorney], for the appellant., E. V. Conwell of counsel [Edward T. Harrington, attorney], for the respondents.

Opinion of the Court

Per Curiam.

The acts of the police officer in taking plaintiffs to defendant’s station and holding them there under the circumstances set forth in the record permitted the jury to find that he was acting for defendant rather than for the State. Under the New Jersey statute,* as interpreted by the courts of that State (Tucker v. Erie R. R. Co., 69 N. J. Law, 19; Taylor v. N. Y. & L. *479B. R. R. Co., 80 id. 282; Goldberg v. Central R. R. Co. of N. J., 97 id. 374; Dellabello v. Central R. R. Co. of N. J., 99 id. 348), that was made a question of fact for the jury.

The judgments and orders should be affirmed, with costs.

Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.

In each case: Judgment and order affirmed, with costs.

See N. J. Laws of 1922, chap. 153, p. 267; 1 Cum. Supp. Comp. Stat. N. J. 1911-1924) 240, chap. 29, § 4.— [Rep.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.