Curry v. . Nassau Electric Railroad Company

New York Court of Appeals
Curry v. . Nassau Electric Railroad Company, 92 N.E. 1099 (N.Y. 1910)
198 N.Y. 514; 1910 N.Y. LEXIS 849
Cullen, Gray, Bartlett, Haight, Yann, Werner, Hiscock

Curry v. . Nassau Electric Railroad Company

Opinion of the Court

Per Curiam.

The judgment should be affirmed, with costs, upon the ground that the evidence presented a questionof fact for the jury on the question whether the defendant’s servants used excessive and unnecessary force in removing the plaintiff from the defendant’s car and that, hence, the motion for a nonsuit was properly denied; and that the question argued by defendant’s counsel, as to the obligation of the defendant’s employees to accept the five-dollar bill tendered and give change therefor is not raised by any exception which this court can review.

Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hiscock, JJ., concur.

Judgment affirmed.

Reference

Full Case Name
Patrick Curry, Respondent, v. the Nassau Electric Railroad Company, Appellant
Status
Published