MARKS v. BALTIMORE & OHIO R. R. CO.


284 A.D. 251 (1954)

Samuel Marks, Respondent, v. Baltimore & Ohio Railroad Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 8, 1954.


Attorney(s) appearing for the Case

Julius S. Christensen of counsel (Robert Schwebel, attorney), for appellant.

Joseph T. Keller of counsel (Hendler & Keller, attorneys), for respondent.

PECK, P. J., DORE, BREITEL and BERGAN, JJ., concur.


CALLAHAN, J.

The question presented is the sufficiency of the corporate defendant's separate and complete defense. A second partial defense in mitigation of damages is also pleaded, which is not attacked.

The action is one for false imprisonment. Plaintiff's complaint alleges that while a passenger on corporate defendant's train, he was arrested and removed from the train at a town in West Virginia upon...

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