Shultz v. Third Avenue Railroad
New York Court of Common Pleas
Appeal from trial term; J. F Daly, Judge. Action by Simon Shultz against the Third Avenue Eailroad Company to recover for personal injuries. Defendant appeals from a judgment for plaintiff, and from order denying motion to set aside verdict and grant a new trial.
1Opinion of the CourtLarremore, C. J.
This action was brought for the recovery of damages for personal injuries sustained by the plaintiff through the alleged negligence of the employes of defendant. A judgment was recovered and entered for $631.30, from which this appeal is taken.
■ Plaintiff’s account of the manner in which the accident happened, given on the trial, is as follows: “I was seated in a car. * * * I got up to tell the conductor where I wanted to get off. I went to the rear door, and opened the door, and told the conductor to be .kind enough to stop at Spring street. He said, ‘All right, sir.’ When I got to Spring…
2Cases cited1 opinion
- Molloy v. New York Central & Hudson River RailroadNew York Court of Common Pleas · 1882
3Cited by2 opinions
- Cushman v. De MallieAppellate Division of the Supreme Court of the State of New York · 1899
- Tuthill v. HusseyNew York Supreme Court · 1889