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Curry v. Nassau Electric Railroad

110 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1908-05-08 English

Decision Majority — PER CURIAM. · Dissent — JENKS, J.,

Contents
p. 1126
CURRY, Respondent, v. NASSAU ELECTRIC R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
May 8, 1908.)

Headnote

Action by Patrick Curry against the Nassau Electric Railroad Company.

Judgment and order affirmed, with costs.

dissents on the ground that it was an error to refuse the instruction that actual notice or knowledge of any rule of the railroad did not have to be brought home to the plaintiff (see Barker v. Central Park R. R. Co., 151 N. Y. 237 -242, 45 N. E. 550 , 35 L. R. A. 489 , 56 Am. St. Rep. 626 ), and upon the further ground that there is no evidence that any excessive force was used, but only that necessary to eject the plaintiff within the right of the defendant.

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