Appellate Division of the Supreme Court of New York
265 N.Y.S. 284 (1933)
Barton (plaintiff) was a passenger of Bee Line, Inc. (Bee Line) (defendant), a common carrier, when she was fifteen years old. Barton claimed that she was raped by one of Bee Line’s chauffeurs. The chauffeur claimed that Barton consented. Barton sued Bee Line for breach of duty as a common carrier. The parties stipulated that, if the chauffer assaulted Barton while she was a passenger, then Bee Line would be liable. The trial court charged the jury, in accordance with the New York Penal Code, that Barton was entitled to recover even if she did consent. The jury returned a verdict for Barton. The trial court set the verdict aside, stating that the amount was inadequate. The trial court’s action was in accordance with the Civil Practice Act. Barton appealed to the Appellate Division of the Supreme Court of New York.
Rule of Law
Holding and Reasoning (Lanansky, J.)
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