Dunne v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York, New Haven and Hartford Railroad Company, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 23d day of October, 1903, denying the defendant’s motion to set aside the verdict of a jury in favor of the plaintiff and for a new trial of the action.
1Opinion of the Court
Jenks, J.:
The plaintiff went into the car of the defendant as escort of a woman passenger. He complains that he was thrown off the car while alighting therefrom, in consequence of the starting of the train out of the station, and he contends that the defendant was negligent in not affording a reasonable period for him to leave the car.
The obligation of the defendant to the plaintiff is not that due to a passenger, but if it suffered him to enter its car it was one of ordinary care while he was entering its car, while he was in it and while *573he was leaving it. (Thomp. Neg. [2d ed.] § 2658, and…
2Cases cited8 opinions
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Sutton v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1876
- Railway Co. v. LawtonSupreme Court of Arkansas · 1892
- Griswold v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- St. Louis S. F. R. Co. v. LeeSupreme Court of Oklahoma · 1913
- Midland Valley R. Co. v. BaileySupreme Court of Oklahoma · 1912
- Charron v. Canadian Pacific Railway Co.Supreme Court of Vermont · 1947
- Curran v. . Lake Champlain M.R.R. Co.New York Court of Appeals · 1914