New York Court of Appeals

Emanuel A. Busch, Respondent v. Interborough Rapid Transit Company, Appellant

February 19, 1907187 N.Y. 388

Summary

The Court held that the plaintiff's suit for assault by a street railway employee is properly characterized as an action for breach of the carrier's contract to safely transport passengers. Accordingly, the Municipal Court had jurisdiction and the judgment in favor of the plaintiff was affirmed.